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1st Circuit

Rodriguez v. Banco Popular De Puerto Rico

Citation: 
Rodriguez v. Banco Popular de Puerto Rico (In re Rodriguez), BAP No. PR 14-003, --- B.R. ----, 2014 WL 4244284 (1st Cir. BAP Aug. 26, 2014)
Ruling: 
The 1st Cir. BAP DISMISSED as untimely the appeal as to the first two orders appealed from and AFFIRMED as to the third due to the Debtors failure to demonstrate that the Bankruptcy Court for the District of Puerto Rico ...
Judge(s): 
Hillman, Hoffman, Finkle
Read on...

Pinpoint IT Services, LLC v. Rivera (In re Atlas IT Export Corp.)

Citation: 
Court of Appeals No. 13-9003
Ruling: 
Dismissed for lack of jurisdiction, one judge dissenting.
Judge(s): 
Thompson (author) and Lipez, majority; Kayatta dissenting
Read on...

Coop v. Cajigas

Citation: 
Coop v. Cajigas, BAP No. PR 13-040 (B.A.P. 1st Cir. July 30, 2014)
Ruling: 
The Bankruptcy Appellate Panel (the "BAP") VACATED the order of the Bankruptcy Court for the District of Puerto Rico (the "Bankruptcy Court") and REMANDED to the Bankruptcy Court. As section 523(a)(2)(A) excepts from its scope statements relating to the ...
Judge(s): 
Hillman, Hoffman, and Finkle
Read on...

EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc.

Citation: 
EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc., BAP No. PR 13-055 (1st Cir. B.A.P. July 31, 2014
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) reversed the Bankruptcy Court’s dismissal of the Chapter 11 case of debtor, EPR Marine Welding Construction Services, Inc. (“EPR”) and remanded the matter back to the Bankruptcy Court. The Bankruptcy ...
Judge(s): 
Hillman, Hoffman, Finkle
Read on...

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
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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)
Read on...
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