The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

All summarized opinions

Belser v. Nationstar Mortgage, LLC (In re Belser)

Citation: 
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling: 
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim before objecting to his plan. According to the ...
Judge(s): 
Hillman, Feeney, Finkle
Read on...

Riemer & Braunstein LLP v. Mark G. DeGiacomo (In re A&E 128 North Corporation)

Citation: 
Riemer & Braunstein LLP v. DeGiacomo (In re A&E 128 North Corp.), ---F.3d --- (1st Cir. BAP Apr. 2, 2015)
Ruling: 
Affirming Bankruptcy Court’s determination that a new trustee was not elected pursuant to 11 U.S.C. § 702(b) as the secured creditor was disqualified from voting for the permanent Chapter 7 trustee because it had a materially adverse interest and the ...
Judge(s): 
Kornreich, Tester, Cary
Read on...

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
Read on...

Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank

Citation: 
Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Company), Docket No. 2013-02187, --- F.3d --- (2d. Cir. Jan. 21, 2015)
Ruling: 
The UCC-3 termination statement filed by the debtor terminating three UCC-1s, including one mistakenly included that related to a separate term loan, was effective to terminate the security interest in the term loan even though the secured creditor did not ...
Judge(s): 
Winter, Wesley, and Carney, Circuit Judges
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...
Syndicate content