In re Schold
- Citation:
- 1st Cir. BAP 14-074 (Unpublished)
- Ruling:
- Bankruptcy court order significantly reducing debtor's attorney's fees vacated and remanded for further proceedings.
- Judge(s):
- Finkle (author), Deasey & Cary
- Tag(s):
Efron v. Candelario (In re Efron)
- Citation:
- BAP Nos. PR 14-027, PR 14-35
- Ruling:
- The Bankruptcy Appellate Panel ("BAP") upheld the Bankruptcy Court's dismissal of David Efron's (the "Debtor") bankruptcy case. The BAP determined that the Bankruptcy Court had not abused its...
- Judge(s):
- Hillman, Boroff and Finkle
- Tag(s):
Pawtucket Credit Union v. Boyajian
- Citation:
- United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
- Ruling:
- Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth...
- Judge(s):
- Kornreich, Tester, and Cary
- Tag(s):
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...
- Judge(s):
- Kornreich, Tester, Cary
- Tag(s):
Cruickshank v. Cook (In re The Environmental Careers Org., Inc.)
- Citation:
- Cruickshank v. Cook (In re: the Environmental Careers Org. Inc.), No. 14-1697 (1st Cir. March 13, 2015)
- Ruling:
- The First Circuit Court of Appeals AFFIRMED the judgment of the district court below finding that the district court did not err in granting Cook's motion for judgment as a matter of law.
- Judge(s):
- Lynch, Souter, Stahl
- Tag(s):
Harrington v. Simmons
- Citation:
- Harrington v. Simmons, BAP No. MW 14-048
- Ruling:
- Bankruptcy court's order denying a chapter 7 discharge affirmed.
- Judge(s):
- Deasy, Kornreich (author) and Finkle.
- Tag(s):
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...
- Judge(s):
- Torruella, Thompson, and Kayatta
- Tag(s):
Mercado v, Combined Investments, LLC
- Citation:
- BAP No. MB 14-030
- Ruling:
- AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under...
- Judge(s):
- Deasy, Kornreich and Finkle
- Tag(s):
Ludvigsen v. Osborne
- Citation:
- Ludvigsen v. Osborne, BAP No. MB 14-039 (B.A.P. 1st Cir. Jan. 16, 2015)
- Ruling:
- The Bankruptcy Appellate Panel REVERSED and REMANDED the matter to the bankruptcy court as the bankruptcy court abused its discretion in declining to reopen the chapter 7 case when it declined to...
- Judge(s):
- Deasy, Kornreich, and Finkle
- Tag(s):
Lydon v. T&N Limited
- Citation:
- United States Court of Appeals for the First Circuit, No. 14-1281, February 11, 2015
- Ruling:
- Affirming the ruling of the district court, the First Circuit determined that the plain language of a confirmed chapter 11 Plan, which created a litigation trust to which individual asbestos claims...
- Judge(s):
- Lynch, Stahl and Kayatta
- Tag(s):
