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):
Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.)
- Citation:
- Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.) No 14-1276
- Ruling:
- The Court affirmed that bankruptcy court's finding that defendant Randall Fincke ("Fincke") had solicited investments in Access Cardiosystems, Inc.'s ("Debtor") by means of a material misstatement,...
- Judge(s):
- Lynch, Howard & Barron
- Tag(s):
Witkowski v. Boyajian
- Citation:
- United States Bankruptcy Panel for the First Circuit, BAP No. RI 14-040 (Nov. 13, 2014)
- Ruling:
- The Court determined that a bankruptcy judge did not abuse her discretion in dismissing a chapter 13 case pursuant to Code sec. 1307. More specifically, the Court ruled that (i) a debtor's failure...
- Judge(s):
- Tester, Godoy and Harwood
- Tag(s):
Desmond v. Green
- Citation:
- Desmond v. Green, (In re Harborhouse of Gloucester, LLC) BAP No. MB 14-013, MB 14-014
- Ruling:
- The BAP upheld the bankruptcy court ruling that because a note secured by a mortgage had been lost, Green, the purported holder of the lost note and mortgage (through transfer) had no right to...
- Judge(s):
- Lamoutte, Deasy and Kornreich
- Tag(s):
Biltcliffe v. Citimortgage, Inc.
- Citation:
- First Circuit Case No. 14-1043
- Ruling:
- District court's decision denying reconsideration of summary judgment in favor of Citimortgage affirmed.
- Judge(s):
- Howard, Selya and Stahl (author).
- Tag(s):
Perez v. Hospital Damas, Inc.
- Citation:
- No. 13-1810
- Ruling:
- This appeal asks us to reverse a denial of a motion to amend a complaint in a medical malpractice case. We cannot do so, however, because the District Court acted within its discretion when it...
- Judge(s):
- Howard, Lipez and Barron
- Tag(s):