Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 9 months ago
Citation:
Sheedy v. Deutsche Bank National Trust Company et al. (In re Sheedy) 14-1246
Ruling:
The Court ruled that Laura Sheedy (the "Debtor") Truth in Lending Act claim for rescission was time barred because refinancing occurred in 2004 and the Debtor did not bring a claim under TILA until...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
10 years 9 months ago
Citation:
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling:
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim...
Sauer Inc. v. Lawson (In re Lawson), No. 14-2058 (1st Cir. July 1, 2015)
Ruling:
The First Circuit Court of Appeals VACATED the bankruptcy court's order dismissing the adversary proceeding and REMANDED for further proceedings consistent with the opinion. The First Circuit...
Summarized by David Baker , Law Office of David G. Baker
10 years 10 months ago
Citation:
First Circuit #15-1218, 1221, 1271 & 1272
Ruling:
Affirms District Court's holding that §903 of the Bankruptcy Code pre-empts Puerto Rico's recently enacted "Recovery Act", relating to municipal bankruptcy. One judge concurred, but would find...
Judge(s):
Lynch (author), Howard, and Toruella (concurring in the judgment but would hold that exclusion of Puerto Rico is unconstitutional).
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
10 years 11 months ago
Citation:
Ross v. Garcia (In re Garcia), 2015 WL 3889388, --- B.R. ---- (1st Cir. B.A.P. Jun. 24, 2015)
Ruling:
Regarding the order denying motion for reconsideration, the BAP found the creditor-appellant "failed to show exceptional circumstances justifying Rule 60(b)(6) relief" and further found no error in...
Affirmed. Defendant Alfredo Pacheco- Martinez was convicted of various offenses arising from his multi-year effort to swindle scores of unsuspecting victims out of over a million dollars and to...
Judge(s):
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Aida M. Delgado-Colón, U.S. District Judge
Before
Howard, Chief Judge,
Selya and Lynch, Circuit Judges
Summarized by David Baker , Law Office of David G. Baker
10 years 11 months ago
Citation:
14-2151
Ruling:
District court's order affirmed. The modest sanction that was imposed was well within the bankruptcy court's inherent powers and did not amount to a criminal sanction.
Summarized by Michael Sugar , Commonwealth of Massachusetts
11 years 1 month ago
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...
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...
