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1st Circuit

deBenedicts v. Brady-Zell (In re Brady-Zell)

Citation: 
deBenedicts v. Brady-Zell (In re Brady-Zell), No. 13-9014 (1st Cir)
Ruling: 
The Court upheld the Bankruptcy court's determination that Ms. deBenedicts's claim was dischargeable. The appeals court refused to disturb the bankruptcy court's determination that Ms. deBenedicts had not shown by a preponderance of the evidence that the Debtor knowingly ...
Judge(s): 
Selya, Howard and Thompson. Opinion by Selya
Read on...

DeGiacomo v. Traverse (In re Traverse)

Citation: 
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling: 
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the property is less than the total ...
Judge(s): 
Torruella, Howard and Kayatta
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Bullard v. Hyde Park Savings Bank (In re Bullard)

Citation: 
U.S.C.A., 1st Cir., No. 13-9009
Ruling: 
An intermediate appellate court's affirmance of a bankruptcy court's denial of confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor remains free to propose an amended plan.
Judge(s): 
Thompson, Stahl and Kayatta
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SW Boston Hotel Venture, LLC v. The Prudential Ins Co (Nos. 12-9008, 12-9009, 12-9011 and 12-9012)

Citation: 
U.S. Court of Appeals, First Circuit ("First Circuit") Case Nos. 12-9008, 12-9009
Ruling: 
First Circuit affirmed ruling of Bankruptcy Appellate Panel for the First Circuit (the "BAP") that appeals from orders of U.S. Bankruptcy Court, District of Massachusetts (J. Feeney)("Bankruptcy Court") were not equitably moot despite substantial consummation of confirmed plan. First ...
Judge(s): 
J. Lynch, J. Stahl, J. Howard
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Rentas v. Gonzalez

Citation: 
BAP NO. PR 13-011
Ruling: 
The Bankruptcy Appellate Panel ("B.A.P.") reversed the Bankruptcy Court's grant of summary judgment in favor of the Trustee. The court determined that section 542 could not be used to compel a probate court to turn over proceeds of a ...
Judge(s): 
Deasy, Kornreich, Bailey
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Kramer v. Bankwoski

Citation: 
BAP No. MS 13-037
Ruling: 
Bankruptcy Appellate Panel affirmed bankruptcy court's order denying confirmation of the chapter 13 plan.
Judge(s): 
Kornreich, Tester & FInkle (author)
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Gonzalez v. Massachusetts Department of Revenue

Citation: 
Gonzalez v. Massachusetts Dept. of Revenue, BAP No. MW 13-026 (B.A.P. 1st Cir. March 6, 2014)
Ruling: 
The Bankruptcy Appellate Panel (the "BAP") AFFIRMED the Bankruptcy Court for the District of Massachusetts determination that state tax liabilities of the debtor were dischargeable even though his tax returns were filed late. Applying the Massachusetts law on the ...
Judge(s): 
Deasy, Caban, Finkle
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Falcone v. Ragonese

Citation: 
Falcone v. Ragonese (In re Ragonese) BAP NO. MW 13-036
Ruling: 
The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's ruling that $100,000 of the Falcones' claim against Mr. Ragonese (the "Debtor") was excepted from discharge under 11 U.S.C. 523(a)(2)(A). The BAP upheld the finding that the Falcones had justifiably relied ...
Judge(s): 
Kornreich, Tester, Finkle
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TD Bank, N.A. v. LaPointe

Citation: 
TD Bank, N.A. v. LaPointe; BAP No. NH 13-029
Ruling: 
Bankruptcy court's order denying relief from the automatic stay reversed.
Judge(s): 
BK judges FInkle, Feeney (author) and Tester.
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Eldorado Canyon Properties, LLC v. JPMorgan Chase Bank, N.A.

Citation: 
Eldorado Canyon Properties, LLC v. JPMorgan Chase Bank, N.A. Ch. 7 Case No. 13-12878-FJB, BAP No. MB 13-042 (B.A.P. 1st Cir. Feb. 25, 2014)
Ruling: 
Debtor lacked standing to pursue appeal because the there was no equity in the subject property, the Debtor's discharge was not implicated, and Debtor failed to show he was a "person aggrieved" in any cognizable way.
Judge(s): 
Kornreich, Tester, and Finkle
Read on...
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