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IN RE: JOHN FLISS

Summarizing by Shane Ramsey

Rodgers, Powers & Schwartz, LLP v. Minkina (In re Minkina)

Citation:
No. 22-1624 (1st Circuit, Aug 24,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the First Circuit held a bankruptcy court did not err in calculating a Massachusetts debtor's tenancy by the entirety interest in property for purposes of the formula...
Judge(s):
Barron, Howard, and Montecalvo
Tag(s):

IN RE: MARY E. BUSCONE, d/b/a FroYo To Go,

Citation:
22-9001 (1st Circuit, Feb 22,2023) Published
Case Status:
Affirmed
Ruling:
Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
Tag(s):

IN RE: DONALD C. KUPPERSTEIN

Citation:
22-1287 (1st Circuit, Feb 22,2023) Published
Case Status:
Affirmed
Ruling:
The First Circuit affirmed the bankruptcy court (D. Mass.) which granted Appellees’ Motion for Summary Judgment on the count for a denial of discharge due to a false oath under 11 U.S.C. §...
Judge(s):
Selya and Lynch, Circuit Judges, and McElroy, District Judge.
Tag(s):

In re TRIANGLE CAYMAN ASSET COMPANY

Citation:
19-1251, 19-1786, 20-1284 (1st Circuit, Oct 24,2022) Published
Case Status:
Affirmed
Ruling:
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
Tag(s):

IN RE- BUILDERS HOLDING CO., CORP

Citation:
21-1299 (1st Circuit, Jul 28,2022) Published
Case Status:
Reversed and Remanded
Ruling:
A question remains whether the set-off that Oriental Bank asserts here is senior to the secured interest that MAPFRE has in the same collateral under Puerto Rico law, as well as the fact-laden...
Judge(s):
USCA, 1st Cir. C.J. Barron, Howard and Gelpi
Tag(s):

In re: MICHAEL PAUL NEWMAN

Citation:
BAP No. CC-21-1228-GTL, BAP No. CC-21-1250-GTL (1st Circuit, Jun 10,2022) Not Published
Case Status:
Reversed and Remanded
Ruling:
In cases where a judgment creditor seeks to use a prior state court judgment to establish that the judgment debt is nondischargeable, courts apply the applicable state's law of issue preclusion. In...
Judge(s):
GAN, TAYLOR, and LAFFERTY, Bankruptcy Judges
Tag(s):

IN RE: SAFINA N. MBAZIRA

Citation:
No. 16-1465 (1st Circuit, Oct 01,2021) Not Published
Case Status:
Affirmed
Ruling:
"[n]o particular words are necessary as long as they amount to an admission that [the grantor] has voluntarily and freely executed the instrument." McOuatt, 69 N.E.2d at 810; see also In re...
Judge(s):
Howard (CJ), Thompson and Kayatta
Tag(s):

In re CALEB NEIRA RIVERA

Citation:
20-9003 (1st Circuit, Sep 17,2021) Published
Case Status:
Dismissed
Ruling:
The Chapter 7 debtor had no standing to appeal a bankruptcy court order overruling his objection to a secured creditor's proof of claim for deficiency following foreclosure. In order to have...
Judge(s):
Thompson, Dyk, Barron
Tag(s):

In re Laxmi Sarah Sundaram

Citation:
20-9008 (1st Circuit, Aug 13,2021) Published
Case Status:
Affirmed
Ruling:
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
Tag(s):

UTIER v. PREPA

Citation:
20-2041 (1st Circuit, Aug 12,2021) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals affirms the Title III Court's ruling allowing certain expenses incurred by PREPA under a post petition contract to transfer the operations and management of PREPA to a private...
Judge(s):
Howard, Lynch, and Kayatta
Tag(s):

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