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1st Circuit

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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Witkowski v. Boyakian

Citation: 
United States Bankruptcy Panel for the First Circuit, BAP No. RI 14-040 (Nov. 13, 2014)
Ruling: 
The Court determined that a bankruptcy judge did not abuse her discretion in dismissing a chapter 13 case pursuant to Code sec. 1307. More specifically, the Court ruled that (i) a debtor's failure to make payments to the chapter ...
Judge(s): 
Tester, Godoy and Harwood
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Desmond v. Green

Citation: 
Desmond v. Green, (In re Harborhouse of Gloucester, LLC) BAP No. MB 14-013, MB 14-014
Ruling: 
The BAP upheld the bankruptcy court ruling that because a note secured by a mortgage had been lost, Green, the purported holder of the lost note and mortgage (through transfer) had no right to enforce the note or foreclose. The ...
Judge(s): 
Lamoutte, Deasy and Kornreich
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Biltcliffe v. Citimortgage, Inc.

Citation: 
First Circuit Case No. 14-1043
Ruling: 
District court's decision denying reconsideration of summary judgment in favor of Citimortgage affirmed.
Judge(s): 
Howard, Selya and Stahl (author).
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Perez v. Hospital Damas, Inc.

Citation: 
No. 13-1810
Ruling: 
This appeal asks us to reverse a denial of a motion to amend a complaint in a medical malpractice case. We cannot do so, however, because the District Court acted within its discretion when it decided the plaintiffs had waited ...
Judge(s): 
Howard, Lipez and Barron
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Moushigian v. Marderosian

Citation: 
Moushigian v. Marderosian, No. 13-2295 (1st Cir)
Ruling: 
The First Circuit affirmed the bankruptcy court's determination that the Marderosians' discharge barred Moushigian from further prosecution of his state court action. The First Circuit determined that the Bankruptcy Court's interpretation of the Bankruptcy Court's own order was not ...
Judge(s): 
Howard, Kayatta, McCafferty (sitting by designation).
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