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Rodriguez v. FDIC (In re United Western Bancorp, Inc.)

Summarizing by Bradley Pearce

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):

Asociacion de Titulares de Condominio Castillo v. Dimarco

Citation:
17-009 (1st Circuit, Feb 08,2018) Published
Case Status:
Affirmed
Ruling:
First, a motion for “reconsideration” under Fed. R. Civ. P. 59 or 60 does not toll the 14-day deadline for filing an appeal under Fed. R. Bankr. P. 8002(b). Second, since the discharge in...
Judge(s):
Feeney, Harwood, and Fagone.
Tag(s):

Mission Product Holdings, Inc. v. Old Cold LLC

Citation:
16-90102, 116-9015 (1st Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's finding of good faith in a §363 sale affirmed; otherwise the appeal is moot due to the sale having been completed without a stay.
Judge(s):
Kayatta (author), Torruella, and Lynch
Tag(s):

Mission product Holdings, Inc. v. Tempnology, LLC

Citation:
16-9106 (1st Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court affirmed. BAP had affirmed in part and reversed in part.
Judge(s):
Kayatta (author) and Lynch, with Torruella concurring in part and dissenting in part.
Tag(s):

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