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1st Circuit

Efron v. Candelario (In re Efron)

Citation: 
BAP Nos. PR 14-027, PR 14-35
Ruling: 
The Bankruptcy Appellate Panel ("BAP") upheld the Bankruptcy Court's dismissal of David Efron's (the "Debtor") bankruptcy case. The BAP determined that the Bankruptcy Court had not abused its discretion in dismissing the Debtor's case pursuant to 11 U.S.C. 305 and ...
Judge(s): 
Hillman, Boroff and Finkle
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Riemer & Braunstein LLP v. Mark G. DeGiacomo (In re A&E 128 North Corporation)

Citation: 
Riemer & Braunstein LLP v. DeGiacomo (In re A&E 128 North Corp.), ---F.3d --- (1st Cir. BAP Apr. 2, 2015)
Ruling: 
Affirming Bankruptcy Court’s determination that a new trustee was not elected pursuant to 11 U.S.C. § 702(b) as the secured creditor was disqualified from voting for the permanent Chapter 7 trustee because it had a materially adverse interest and the ...
Judge(s): 
Kornreich, Tester, Cary
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Pawtucket Credit Union v. Boyajian

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
Ruling: 
Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth in the Bankruptcy Code and Rules. Plan confirmation ...
Judge(s): 
Kornreich, Tester, and Cary
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Cruickshank v. Cook (In re The Environmental Careers Org., Inc.)

Citation: 
Cruickshank v. Cook (In re: the Environmental Careers Org. Inc.), No. 14-1697 (1st Cir. March 13, 2015)
Ruling: 
The First Circuit Court of Appeals AFFIRMED the judgment of the district court below finding that the district court did not err in granting Cook's motion for judgment as a matter of law.
Judge(s): 
Lynch, Souter, Stahl
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Harrington v. Simmons

Citation: 
Harrington v. Simmons, BAP No. MW 14-048
Ruling: 
Bankruptcy court's order denying a chapter 7 discharge affirmed.
Judge(s): 
Deasy, Kornreich (author) and Finkle.
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Fahey v. Massachusetts Department of Revenue (In re Fahey) and other consolidated cases

Citation: 
Fahey v. MA Dept of Revenue (In re Fahey), --- F.3d --- (1st Cir. Feb. 18, 2015)
Ruling: 
Unpaid taxes due on Massachusetts state income tax return filed after the statutory filing date cannot be discharged in bankruptcy under 11 U.S.C. 523(a). While section 523(a) a tax is not dischargeable if the debtor filed a "return," here the ...
Judge(s): 
Torruella, Thompson, and Kayatta
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Mercado v, Combined Investments, LLC

Citation: 
BAP No. MB 14-030
Ruling: 
AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under this prong of § 362(d)(2)(B) cannot be fulfilled by ...
Judge(s): 
Deasy, Kornreich and Finkle
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Lydon v. T&N Limited

Citation: 
United States Court of Appeals for the First Circuit, No. 14-1281, February 11, 2015
Ruling: 
Affirming the ruling of the district court, the First Circuit determined that the plain language of a confirmed chapter 11 Plan, which created a litigation trust to which individual asbestos claims were assigned, compelled the conclusion that all such claims ...
Judge(s): 
Lynch, Stahl and Kayatta
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Ludvigsen v. Osborne

Citation: 
Ludvigsen v. Osborne, BAP No. MB 14-039 (B.A.P. 1st Cir. Jan. 16, 2015)
Ruling: 
The Bankruptcy Appellate Panel REVERSED and REMANDED the matter to the bankruptcy court as the bankruptcy court abused its discretion in declining to reopen the chapter 7 case when it declined to consider the merits of any lien avoidance motion ...
Judge(s): 
Deasy, Kornreich, and Finkle
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Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.)

Citation: 
Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.) No 14-1276
Ruling: 
The Court affirmed that bankruptcy court's finding that defendant Randall Fincke ("Fincke") had solicited investments in Access Cardiosystems, Inc.'s ("Debtor") by means of a material misstatement, a violation of Mass. Gen. Laws ch. 110A, § 410(a)(2) (Massachusetts' Blue Sky Law). ...
Judge(s): 
Lynch, Howard & Barron
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