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...
Summarized by Michael Sugar , Commonwealth of Massachusetts
11 years 8 months ago
Citation:
Moushigian v. Marderosian, No. 13-2295 (1st Cir)
Ruling:
The First Circuit affirmed the bankruptcy court's determination that the Marderosians' discharge barred Moushigian from further prosecution of his state court action. The First Circuit determined...
Judge(s):
Howard, Kayatta, McCafferty (sitting by designation).
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
11 years 9 months ago
Citation:
Rodriguez v. Banco Popular de Puerto Rico (In re Rodriguez), BAP No. PR 14-003, --- B.R. ----, 2014 WL 4244284 (1st Cir. BAP Aug. 26, 2014)
Ruling:
The 1st Cir. BAP DISMISSED as untimely the appeal as to the first two orders appealed from and AFFIRMED as to the third due to the Debtors failure to demonstrate that the Bankruptcy Court for the...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
11 years 10 months ago
Citation:
EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc., BAP No. PR 13-055 (1st Cir. B.A.P. July 31, 2014
Ruling:
The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) reversed the Bankruptcy Court’s dismissal of the Chapter 11 case of debtor, EPR Marine Welding Construction Services, Inc....
Coop v. Cajigas, BAP No. PR 13-040 (B.A.P. 1st Cir. July 30, 2014)
Ruling:
The Bankruptcy Appellate Panel (the "BAP") VACATED the order of the Bankruptcy Court for the District of Puerto Rico (the "Bankruptcy Court") and REMANDED to the Bankruptcy Court. As section...
Summarized by Michael Sugar , Commonwealth of Massachusetts
11 years 11 months ago
Citation:
deBenedicts v. Brady-Zell (In re Brady-Zell), No. 13-9014 (1st Cir)
Ruling:
The Court upheld the Bankruptcy court's determination that Ms. deBenedicts's claim was dischargeable. The appeals court refused to disturb the bankruptcy court's determination that Ms. deBenedicts...
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling:
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the...
An intermediate appellate court's affirmance of a bankruptcy court's denial of
confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor...