Milk Indus. Regulatory Office v. Ruiz Ruiz

• Summarized by Paris Gyparakis , Porzio, Bromberg & Newman, P.C.
• 1 month 1 week ago

Citation:

22-1761 (1st Circuit, Nov 21,2024) Not Published

Case Status:

Reversed

Ruling:

The planned auction of the debtor's milk quota by the Puerto Rico agency that regulates milk production (ORIL) falls squarely within the "police power" exception to the automatic stay under 11...

Judge(s):

U.S. Circuit Judges David F. Hamilton, Julie Rikelman and O. Rogeriee Thompson (Opinion by Hamilton)

Tag(s):

• 1st Circuit
• Automatic Stay
• Chapter 12/Farm Cases
• Puerto Rico
• N/A
• 11 U.S.C. § 362(b)(4)

Fin. Oversight & Mgmt. Bd. v. U.S. Bank N.A. (In re Fin. Oversight & Mgmt. Bd.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 month 3 weeks ago

Citation:

23-2036, 23-2049, 23-2050, 23-2052, 23-2053, 23-2054, 23-2057 (1st Circuit, Nov 13,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Circuit Court for the First Circuit held (1) parties holding revenue bonds issued by the Puerto Rico Electric Power Authority (PREPA) have a non-recourse claim on PREPA's estate for the...

Judge(s):

Kayatta, Howard, and Rikelman

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Claims
• Puerto Rico
• 11 U.S.C. § 101(5); 11 U.S.C. § 362(a); 11 U.S.C. § 502(c)(1)-(2);1 U.S.C. § 506(a)(1); 11 U.S.C. § 544(a); 11 U.S.C. § 547(b)
• (e)(3); 11 U.S.C. 552(a)
• (b)(1); 11 U.S.C. § 902(2)(A); 11 U.S.C. § 926(b); 11 U.S.C. § 927; 11 U.S.C. § 928(b); 11 U.S.C. § 1111(b)

Reyes-Colon v. Banco Popular de Puerto Rico District Court of Puerto Rico, San Juan

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 5 months 4 days ago

Citation:

22-1706 and 22-1715 (1st Circuit, Aug 01,2024) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

On the first case, the Court concluded that the bankruptcy court had jurisdiction over the fee motion but that the fee motion was untimely, and accordingly, the Court affirmed. As to the second...

Judge(s):

Barron, Kayatta and Montecalvo

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Practice and Procedure
• Professional Compensation/Fees
• 11 U.S.C. § 303(i)
• 11 U.S.C. § 303(b)(1)-(2)

FOMB v. AmeriNational Community Services, LLC District Court of Puerto Rico, San Juan

• Summarized by Bradley Pearce , Pearce Law PLLC
• 5 months 3 weeks ago

Citation:

23-1747 (1st Circuit, Jul 17,2024) Published

Case Status:

Affirmed

Ruling:

Title VI of the Puerto Rico Oversight, Management, and Economic Stability Act does not alter the legal standard, found in both New York and Puerto Rico law, that the terms of a final contract...

Judge(s):

Montecalvo, Lipez, and Rikelman, Circuit Judges

Tag(s):

• 1st Circuit
• Professional Practice Areas
• Finance and Banking
• Puerto Rico

US v. Foistner

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 5 months 3 weeks ago

Citation:

22-1420 and 22-1619 (1st Circuit, Jul 15,2024) Not Published

Case Status:

Affirmed

Ruling:

The court affirmed the district court's determination denying all the arguments of judicial bias.

Judge(s):

Kayatta, Lipez, and Thompson,

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Valuation

Blumsack v. Harrington (In re Blumsack)

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 10 months 15 hours ago

Citation:

BAP NO. 23-003 (1st Circuit, Mar 05,2024) Published

Case Status:

Affirmed

Ruling:

The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...

Judge(s):

Godoy, Cary and Fagon

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Court Administration
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• § 1307(c)
• § 105
• § 109
• § 1325

IN RE: THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 10 months 4 weeks ago

Citation:

23-1045 23-1046 23-1047 23-1048 23-1049 (c0nsolidated) (1st Circuit, Feb 09,2024) Published

Case Status:

Affirmed

Ruling:

The pre-petition work claims were not for "back pay attributable to any period of time occurring after commencement of the case" and thus did not qualify for administrative-expense priority under...

Judge(s):

Montecalvo, Lipez, and Thompson,

Tag(s):

• 1st Circuit
• Administrative Expense Claims
• Municipal Bankruptcy
• Puerto Rico
• 11 USC 503(b)(1)(a)

GOLDENTREE ASSET MANAGEMENT LP v THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 11 months 6 days ago

Citation:

23-1737 (1st Circuit, Jan 22,2024) Published

Case Status:

Affirmed

Ruling:

In an opinion arising out of the restructuring of Puerto Rico's public power company (PRRS and PREPA), the U.S. Court of Appeals for the First Circuit held that GoldenTree Asset Management and...

Judge(s):

William J. Kayatta Jr.; O. Rogeriee Thompson; and Julie Rikelman

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Puerto Rico
• 11 U.S.C § 362(a)(3); 11 U.S.C § 362(d)(1); 11 U.S.C § 362(e)(1)

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

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 4 months ago

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):

• 1st Circuit
• Practice and Procedure
• Valuation
• Consumer Bankruptcy
• 11 U.S.C. § 522(a)(2)
• 11 U.S.C. § 522(f)(2)(A)

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

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 10 months ago

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):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Court Administration
• Fraud
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Hospitality, Entertainment Venues and Gaming
• Lender Liability
• Small Business
• Fed. R. Bankr. P. 7016; Fed. R. Bankr. P. 7026; Fed. R. Bankr. P. 7034; Fed. R. Bankr. P. 7037; Fed. R. Bankr. P. 9023; Fed. R. Bankr. P. 9024
• 11 U.S. § 523(a)(2)(A); 11 U.S. § 523(a)(4); 11 U.S. § 341(d)

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