Hann v. Educational Credit Management Corp. (In re Hann)

• Summarized by Guy Moss ,
• 11 years 9 months ago

Citation:

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...

Judge(s):

Torruella, Stahl and Thompson

Tag(s):

• 1st Circuit
• Discharge/Dischargeability
• Claims
• Bankruptcy Litigation
• Practice and Procedure

Robin Singh Educational Services, Inc. v. McCarthy (In re McCarthy)

• Summarized by Lee Harrington , Ascendant Law Group LLC
• 11 years 9 months ago

Citation:

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...

Judge(s):

Haines, Tester and Godoy

Tag(s):

• 1st Circuit
• Discharge/Dischargeability

Gordon v. Pappalardo (In re Gordon)

• Summarized by Jennifer Saffer , J.L. Saffer, PC
• 11 years 10 months ago

Citation:

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

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Real Estate

Rivera v. ASUME (In re Rivera)

• Summarized by Bodie Colwell , Preti Flaherty, LLP
• 11 years 10 months ago

Citation:

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...

Judge(s):

Hillman, Boroff, and Kornreich

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Family/Divorce Issues
• Rule 8002

Culhane v. Aurora Loan Services of Nebraska

• Summarized by Andrea O'Connor , Hendel & Collins, P.C.
• 11 years 10 months ago

Citation:

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.

Tag(s):

• 1st Circuit
• Professional Practice Areas
• Real Estate

DeGiacomo v. Traverse (In re Traverse)

• Summarized by Samuel Mushell , Americans United for Government Reform
• 11 years 11 months ago

Citation:

Bankruptcy Case No. 11-17703-WCH

Ruling:

The U.S. Bankruptcy Appellate Panel for the First Circuit affirmed the Massachusetts Bankruptcy Court's granting of summary judgment in favor of the Chapter 7 trustee, allowing him to preserve an...

Judge(s):

Haines, Deasy, Tester

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Bankruptcy Litigation
• Rule 7056
• § 541
• § 522
• § 544

Canning v. Beneficial Maine, Inc. (In re Canning)

• Summarized by David Baker , Law Office of David G. Baker
• 11 years 11 months ago

Citation:

In re Canning, --- F.3d ----, 2013 WL 388060 (1st Cir., Feb. 1, 2013)

Ruling:

The bankruptcy court was affirmed.

Judge(s):

Torruella, Ripple and Howard.

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• Mortgage
• Bankruptcy Litigation
• § 521
• § 524

Massachusetts Dept. of Unemployment Assistance v. OPK Biotech, LLC (In re PBBPC, Inc.)

• Summarized by Hale Lake , Hinshaw & Culbertson LLP
• 11 years 11 months ago

Citation:

Massachusetts Department of Unemployment Assistance v. OPK Biotech, LLC (In re PBBPC, Inc.), BAP No. MB-12042 (1st Cir. B.A.P. Jan. 17, 2013)

Ruling:

The First Circuit B.A.P., adopting the expansive definition of “interest” in Section 363(f) of the Bankruptcy Code, held that “interest” in Section 363(f) includes all obligations that may...

Judge(s):

Haines, Deasy, Tester

Tag(s):

• 1st Circuit
• Asset Sales

In re Little

• Summarized by Bodie Colwell , Preti Flaherty, LLP
• 12 years 4 days ago

Citation:

In re Little, No. MW 12-029 (B.A.P. 1st Cir. Jan. 4, 2013).

Ruling:

Affirming the United States Bankruptcy Court for the District of Massachusetts (the "bankruptcy court"), the Bankruptcy Appellate Panel for the First Circuit (the "BAP") held that the bankruptcy...

Judge(s):

Haines, Deasy and Tester.

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• Professional Compensation/Fees
• § 330

Sullivan v. Costa (In re Costa)

• Summarized by Samuel Mushell , Americans United for Government Reform
• 12 years 1 week ago

Citation:

11-10672-FJB (unpublished)

Ruling:

The Bankruptcy Appellate Panel for the 1st Circuit affirmed a Massachusetts Bankruptcy Court's ruling, which held that a creditor's untimely filing of a motion objecting to discharge had lapsed....

Judge(s):

Judge Haines, Judge Deasy, and Judge Tester

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Bankruptcy Litigation
• Rule 4004
• Rule 9006
• Rule 4007
• § 523
• § 105
• § 727

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