In re Zuckerman, BAP No. MS 12-085 (1st Cir. BAP, April 24, 2013) (Not for Publication)
Ruling:
AFFIRMATION by the First Circuit BAP of the bankruptcy court’s dismissal of the Debtor’s Chapter 13 case under 105(a) for failure to comply with bankruptcy court orders requiring filing of...
Judge(s):
Deasy, Kornreich, and Godoy, Bankruptcy Appellate Panel Judges
Summarized by David Baker , Law Office of David G. Baker
12 years 11 months ago
Citation:
1st Cir. BAP No. PR 12-073
Ruling:
The appeal was dismissed for lack of standing on the part of the appellant since it could not demonstrate that it was in any way "aggrieved" by the bankruptcy court's grant of relief from the...
Bankruptcy Appellate Panel for the First Circuit, No. 10-10029-BKT (April 12, 2013)A
Ruling:
Concluding that no legally cognizable grounds for reconsideration were established, the Court affirmed the bankruptcy court's denial of a Rule 60(b) motion, seeking to recognize a late-filed claim....
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the...
United States Court of Appeals for the First Circuit, No. 12-9006, March 29, 2013
Ruling:
Addressing the pitfalls of an unusually phrased order, the Court affirmed lower court rulings and concluded that when an order imprecisely "allows" a claim at zero (rather than disallowing the...
Robin Singh Educational Services, Inc. v. McCarthy (In re McCarthy), BAP Case No, MB 12-059 (B.A.P. 1st Cir. Mar. 22, 2013)
Ruling:
Affirming the Bankruptcy court’s denial of discharge pursuant to Section 727(a)(4), agreeing with the bankruptcy court that the debtor’s failure to schedule all of his assets was an...
Gordon v. Pappalardo (In re Gordon), BAP No. 12-060 (BAP 1st Cir. March 13, 2013) (for publication
Ruling:
In this appeal by a debtor in her chapter 13 case, the Bankruptcy Appellate Panel for the First Circuit (the "BAP") affirmed, after de novo review, the bankruptcy court’s order sustaining the...
Judge(s):
Haines, Tester, and Godoy,
United States Bankruptcy Appellate Panel Judges
Rivera v. ASUME (In re Rivera), No. 12-00341-ESL (B.A.P. 1st Cir. Feb. 19, 2013).
Ruling:
The B.A.P. AFFIRMED the denial of the U.S. Bankruptcy Court for the District of Puerto Rico (the "Bankruptcy Court") for relief from the order dismissing the debtor's chapter 13 case and...
Culhane v. Aurora Loan Services of Nebraska, Case No. 12-1285 (February 15, 2013 1st Cir.)
Ruling:
In the circumstances of this case, a mortgagor in Massachusetts has standing to contest the validity of the mortgage assignment made from MERS to the foreclosing entity. However, the Court held...
Judge(s):
Lynch, Chief Judge
Souter*, Associate Justice
Selya, Circuit Judge
*Hon. David H. Souter, Associate Justice (Ret.) of the Supreme Court of the United States, sitting by designation.
