1st Circuit

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
Read on...

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
Read on...

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...

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
Read on...

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
Read on...

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.
Read on...

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...

Taal v.Sumski (In re Sumski)

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, No. 13-041 (January 30, 2014)
Ruling: 
Code sec. 109(h)(1) requires that any individual debtor shall have received credit counseling from an approved agency within 180 days of the filing of a case. There was no abuse of discretion in the bankruptcy judge ordering dismissal of a ...
Judge(s): 
Boroff, Hillman and Godoy
Read on...

Old Republic National Title Insurance Co. v. Levasseur (In re Levasseur)

Citation: 
In re Andrea Levausser, No. 13-1869
Ruling: 
The First Circuit ruled in favor of the Creditor that its claim is exempted from discharge due to debtor's false representations and malicious and willful injury.
Judge(s): 
Lynch, Stahl and Lipez,
Read on...

Porst v. Deutsche Bank National Trust Company

Citation: 
B.A.P. No. MW 12-080 (B.A.P. 1st Cir. November 20, 2013) (NOT FOR PUBLICATION)
Ruling: 
The B.A.P. AFFIRMED the bankruptcy court's dismissal of the Debtor's complaint, determining the bankruptcy court did not err in finding a trust's assignment of real property to the Debtor was effective, and rejecting the Debtor’s arguments to the contrary while ...
Judge(s): 
Lamoutte, Haines, and Deasy, U.S. Bankruptcy Appellate Panel Judges
Read on...
Syndicate content