Now Updating
Auslander v. Murray

Summarizing by Timothy McKeon

Kaye v. Blue Bell Creameries, Inc.

Summarizing by David Bury

Peaje Investments LLC v. The Financial Oversight and Mgmt Board for Puerto Rico

Citation:
17-2165, 17-2166, 17-2167 (1st Circuit, Aug 08,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A declaration by a governmental instrumentality (i.e., not the legislature) of the existence of a lien is insufficient to create a statutory lien unless the instrumentality's declaration is...
Judge(s):
Howard, Kayatte, and Torreson (D. Maine, sitting by designation)
Tag(s):

Fustolo v. The Patriot Group LLC

Citation:
17-1984 (1st Circuit, Jul 16,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court's order denying debtor a discharge reversed because allowing motion to conform complaint to the evidence was a due process violation in the circumstances.
Judge(s):
Toruella (author), Thompson and Kayatta
Tag(s):

INTERNAL REVENUE SERVICE v MURPHY

Citation:
17-1601 (1st Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
Tag(s):

Stevenson v. Homes

Citation:
1st Circuit BAP No. MB 17-035 (1st Circuit, Apr 30,2018) Published
Case Status:
Affirmed
Ruling:
The First Circuit BAP affirmed dismissal of the debtor’s Chapter 13 case holding the bankruptcy court did not abuse its discretion in dismissing the case for unreasonable delay that is...
Judge(s):
Lamoutte, Finkle, and Harwood
Tag(s):

STEVENSON v TND HOMES I, LP

Citation:
17-035 (1st Circuit, Apr 30,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not abuse its discretion in dismissing the debtor's chapter 13 case for unreasonable delay prejudicial to creditors within the meaning of section 1307(c)(1) where the...
Judge(s):
Lamoutte, Finkle, and Harwood,
Tag(s):

Axia NetMedia Corp. v. Massachusetts Technology Park Corp.

Citation:
17-1607 (1st Circuit, Apr 25,2018) Published
Case Status:
Affirmed
Ruling:
AFFIRMED in part and REMANDED in part. The First Circuit Court of Appeals AFFIRMS the District Court's judgment ordering Axia to perform obligations of KCST as guarantor of KCST and REMANDS to the...
Judge(s):
Lynch, Souter, Kayatta
Tag(s):

Pittner v. Castle Peak 2011-1 Loan Trust

Citation:
MB 17-021 (1st Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated. On a...
Judge(s):
Godoy, Finkle, and Cary
Tag(s):

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