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William A. Howison v. Milo Enterprises, Inc. (In re The Freaky Bean Coffee Company)

  • Summarized by William Amann , Amann Burnett, PLLC
  • 12 years 7 months ago
Citation:
BAP No. EP 12-082
Ruling:
The BAP REVERSED the bankruptcy court’s judgment under Counts I and II, REMANDED for the entry of a judgment against the Trustee on those counts, VACATED the bankruptcy court's judgment...
Judge(s):
Appeal from the USBC-Maine (Honorable James B. Haines, Jr.) before US BAP for 1st Circuit, Judges Boroff, Deasy and Tester.
Tag(s):

Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund

  • Summarized by Guy Moss ,
  • 12 years 8 months ago
Citation:
United States Court of Appeals for the First Circuit, No. 12-2312 (July 24, 2013)
Ruling:
In matters of first impression, the First Circuit addressed two issues relating to the withdrawal liability of private equity firms, as owners of a bankrupt portfolio company, under the...
Judge(s):
Lynch, Thompson and Kayatta
Tag(s):

Rivera v. Matos (In re Rivera)

  • Summarized by Nathaniel Hull , Verrill Dana LLP
  • 12 years 8 months ago
Citation:
In re Rivera, BAP No. PR 12-087 (1st Cir. BAP, June 26, 2013) (per curiam).
Ruling:
Without “need to adopt a particular approach” to the meaning of 11 U.S.C. § 109(g)(2) because the debtor’s actions would satisfy the “mandatory,” “discretionary,” or “causal...
Judge(s):
Hillman, Deasy, and Bailey (per curiam)
Tag(s):

In re DeSouza

  • Summarized by David Baker , Law Office of David G. Baker
  • 12 years 9 months ago
Citation:
BAP No. MW12-091
Ruling:
BAP REVERSED and remanded, holding that post-petition divorce court orders for alimony did not violate the automatic stay in a chapter 13 case, but when the debtor was found in contempt and...
Judge(s):
Deasy, Kornreich and Tester.
Tag(s):

Bullard v. Hyde Park Savings Bank (In re Bullard)

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 12 years 9 months ago
Citation:
Bullard v. Hyde Park Savings Bank (In re Bullard), No. 12-054 (B.A.P. 1st Cir. May 24, 2013)
Ruling:
The B.A.P. affirmed the bankruptcy court's order, finding that the Debtor's "hybrid" plan was not confirmable. The plan proposed to modify several of Hyde Park Bank's (the secured creditor) rights...
Judge(s):
Haines, Tester, and Godoy
Tag(s):

Gentile v. DeGiacomo (In re Gentile)

  • Summarized by Nathaniel Hull , Verrill Dana LLP
  • 12 years 10 months ago
Citation:
Gentile v. DeGiacomo (In re Gentile), BAP No. MB 12-071 (1st Cir. BAP, May 20, 2013)
Ruling:
By 2-1 decision, the Panel dismissed the debtors’ appeal of a bankruptcy court order granting the chapter 7 trustee’s motion to sell real estate fully-encumbered by a disputed lien for lack of...
Judge(s):
Lamoutte (dissenting), Kornreich (writing for the majority), and Cabán
Tag(s):

Soto v. Doral Bank (In re Soto)

  • Summarized by Samuel Mushell , Americans United for Government Reform
  • 12 years 10 months ago
Citation:
BAP NO. PR 12-075
Ruling:
The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not...
Judge(s):
Haines, Feeney, Hoffman
Tag(s):

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