Summarized by Michael Sugar , Commonwealth of Massachusetts
12 years 4 months ago
Citation:
No. 13-1380
Ruling:
The First Circuit Court of Appeals upheld the bankruptcy court's finding that a post-petition civil contempt award issued against Munce's Superior Petroleum Products, Inc. (the "Debtor") in favor...
Judge(s):
Lynch, Selya, & Hillman (sitting by designation from D. Mass.). Opinion by Lynch
Ramos v. Negron, BAP No. PR 13-005 (B.A.P. 1st Cir. October 22, 2013)
Ruling:
Abandonment of property by the Trustee to the Debtor has no effect upon the Bankruptcy Court's authority to determine a Motion, pursuant to 11 U.S.C. 522(f), or the Bankruptcy Court's jurisdiction...
The Bankruptcy Appellate Panel (the "BAP") affirmed the bankruptcy court's order converting the debtor's case from chapter 13 to chapter 7. The BAP found that the record established sufficent bad...
Summarized by David Baker , Law Office of David G. Baker
12 years 5 months ago
Citation:
BAP No. MS 13-012
Ruling:
Bankruptcy court decision granting summary judgment against the plaintiff/trustee was reversed and the matter remanded for entry of orders consistent with the opinion.
United States Bankruptcy Appellate Panel for the First Circuit, No. MB 12084 (Sept. 19, 2013)
Ruling:
Reversing the ruling of the bankruptcy court, the BAP determined that confirmation of a Chapter 13 plan (the "Plan") which fails to address the payment of post-petition interest on...
BAP No. MB 12-081 (1st Cir. B.A.P. September 11, 2013).
Ruling:
In a brief ruling, the Bankruptcy Appellate Panel concluded that the bankruptcy court erred in granting summary judgment in favor of plaintiff on the nondischargeability of its claim under 11...
Affirming the United States Bankruptcy Court (“BC”), the Bankruptcy Appellate Panel (“BAP”) for the First Circuit affirmed the BC’s order discharging the debtor and denying the debtor’s...
Judge(s):
Lamoutte, Haines, and Deasy, United States Bankruptcy Appellate Panel Judges.
Summarized by Michael Sugar , Commonwealth of Massachusetts
12 years 6 months ago
Citation:
13-9001 (1st Cir. August 26, 2013)
Ruling:
The appeals court upheld the Bankruptcy Court's determination that David O'Donnell's (the "Debtor") debt to Thomas Toye III ("Toye") was nondischargeable. The Bankruptcy Court had held that the...
In re Irving Tanning Co., BAP No. EB 12-077, 2013 WL 4400254 (1st Cir. BAP, Aug. 15, 2013)
Ruling:
Section 1123(a)(5), which provides for a plan’s implementation “[n]otwithstanding any otherwise applicable nonbankruptcy law” does not “permit the Debtors to overwrite” state...
