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1st Circuit

Harris v. Scarcelli (In re Oak Knoll Associates, L.P.)

Citation: 
Harris v. Scarcelli et al. Case No. 15-2189, United States Court of Appeals for the First Circuit (August 19, 2016)
Ruling: 
The First Circuit affirmed summary judgment ruling of lower courts against a real estate broker who failed to demonstrate that he was entitled by contract or in equity under the Bankruptcy Code to a broker's commission in connection with a ...
Judge(s): 
Jeffery R. Howard, Chief Judge
Juan R. Torruellla, Circuit Judge
David J. Barron, Circuit Judge
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Privitera v. Curran

Citation: 
BAP No. MW 15-051
Ruling: 
Order dismissing dischargeability adversary proceeding affirmed.
Judge(s): 
Lamoutte, Deasey (author) and Cary
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United Surety & Indemnity Co. v. Puerto Rico Electric Power Authority

Citation: 
BAP NOS. PR 15-046, PR 15-048, Bankruptcy Case No. 08-07752-BKT, Adversary Proceeding No. 09-00258-BKT
Ruling: 
We AFFIRM the Judgment of Dismissal and decline to consider USIC’s appeals from the Interlocutory Orders. We lack jurisdiction to hear PREPA’s cross-appeal and so that crossappeal is DISMISSED.
Judge(s): 
Before Bankruptcy Judges Bailey, Finkle and Fagone
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United Surety & Indemnity Co. v. Lopez-Munoz

Citation: 
United Surety & Indemnity Co. v. Lopez-Munoz, ___ B.R. ___ (B.A.P. 1st Cir. 2016)
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit affirms the bankruptcy court's determination to deny the request for appointment of a chapter 11 trustee.
Judge(s): 
Bailey, Finkle and Fagone
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Andover Covered Bridge, LLC v. Harrington

Citation: 
BAP No. 16-005
Ruling: 
The BAP affirmed the Bankruptcy Court's dismissal of the Andover Covered Bridge, LLC's (the "Debtor") case. The BAP determined that the Bankruptcy Court had not committed clear error in determining that the Debtor's failure to timely file monthly operating ...
Judge(s): 
Feeney, Godoy, and Harwood
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Baker v. Harrington (In re Hoover)

Citation: 
No. 15-2384 (1st Cir.)
Ruling: 
The court affirmed the bankruptcy court's sanction against the Debtor's attorney for twice describing applicable law in a misleading way. The appeals court found that the Bankruptcy Court had not abused its discretion in awarding the sanction given that ...
Judge(s): 
Lynch, Kayatta, and Barron
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Jeffrey P. White and Associates, P.C. v. Fessenden

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, BAP No. EP 15-043, April 14, 2016
Ruling: 
Reversing and remanding, the First Circuit BAP concluded that Harris v. Viegelahn, 135 S.Ct. 1829 (2015), which held that plan payments made by a chapter 13 debtor from his post-petition wages and held by a chapter 13 trustee at the ...
Judge(s): 
Boroff, Godoy, and Finkle
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Scotiabank de Puerto Rico v. Medina Lorenzo (In re Medina)

Citation: 
Scotiabank v Marcelo Junior Medina Lorenzo 2016 U.S. App. LEXIS 6049(In re Lorenzo, 2016 U.S. App. LEXIS 6049 (1st Cir. Apr. 1, 2016)(In re: Marcelo Junior Medina Lorenzo, 15-09010);(1st. Cir. 2016) April 1, 2015
Ruling: 
Per Curiam: Creditor's failure to attend a confirmation hearing after having objected to the plan will render the objection disallowed for failure to prosecute the same. Debtor's requests for sanctions under Federal Rule of Appellate Procedure 38 is denied, but ...
Judge(s): 
Torruella, Lynch and Thompson
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Gil-de la Madrid v. Bowles Custom Pools & Spa (In re Gil-de la Madrid)

Citation: 
1st Circuit No. 14-2340
Ruling: 
Bankruptcy court affirmed.
Judge(s): 
Thompson, Hawkins (of the 9th Circuit, author), and Barron.
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Fustolo v. 50 Thomas Patton Dr., LLC, et al.

Citation: 
No 15340
Ruling: 
The Court ruled that Creditor 50 Thomas Patton Drive ("Patton Drive")'s claim was not contingent as to liability or the subject of a bona fide dispute as to liability or amount and Patton Drive could join an involuntary bankruptcy petition ...
Judge(s): 
Torruela & Kayatta
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