Home » 1st Circuit

DeGiacomo v. Traverse (In re Traverse)

  • Summarized by Samuel Mushell , Americans United for Government Reform
  • 13 years 2 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):

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

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 13 years 2 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):

Sullivan v. Costa (In re Costa)

  • Summarized by Samuel Mushell , Americans United for Government Reform
  • 13 years 3 months 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11-10672-FJB (unpublished)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):

Formatech, Inc. v. Sovereign Bank (In re Formatech, Inc.)

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 13 years 3 months ago
Citation:
Formatech, Inc. v. Sovereign Bank, et al. (In re Formatech, Inc.), No. MW 12-012 (1st Cir. B.A.P. December 7, 2012))
Ruling:
The Bankruptcy Appellate Panel for the First Circuit ("BAP") entered an order DIMISSING the appeal initiated by Formatech, Inc., the debtor and appellant ("Debtor" or "Formatech"), subsequent to...
Judge(s):
Lamoutte, Kornreich and Caban
Tag(s):

Toye v. O'Donnell (In re O'Donnell)

  • Summarized by Guy Moss ,
  • 13 years 4 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 12-015, December 5, 2012
Ruling:
The Court affirmed the bankruptcy court's ruling that a debt was non-dischargeable under the false financial statement provisions of Code sec. 523(a)(2)(B). Focusing solely on the standards of...
Judge(s):
Lamoutte, Feeney, and Caban
Tag(s):

Redondo Construction Corp. v. Puerto Rico Highway and Transportation Authority (In re Redondo Construction Corp.)

  • Summarized by Hale Lake , Hinshaw & Culbertson, LLP
  • 13 years 4 months ago
Citation:
Redondo Constr. Corp. v. Puerto Rico Highway & Transp. Auth. (In re Redondo Constr. Corp.), No. 12-1326 (1st Cir. Nov. 21, 2012)
Ruling:
The First Circuit remanded the matter to the United States District Court for the District of Puerto Rico to vacate a judgment entered by bankruptcy court and affirmed by the district court and for...
Judge(s):
Torruella, Howard and Thompson, C.J.
Tag(s):

Raso v. Fahey (In re Fahey)

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 13 years 4 months ago
Citation:
Raso v. Fahey (In re Fahey), No. 12-028 (B.A.P. 1st Cir. Nov. 20, 2012)
Ruling:
Concluding that the debtor acted in the a fiduciary capacity as an ERISA fiduciary, as well as a fiduciary of a technical trust under common law, the BAP reversed the order of the Bankruptcy Court...
Judge(s):
Lamoutte, Kornreich, and Cabán,
Tag(s):

Bellas Pavers, LLC v. Stewart (In re Stewart)

  • Summarized by David Baker , Law Office of David G. Baker
  • 13 years 5 months ago
Citation:
BAP No. MB 12-017 (unpublished)
Ruling:
The BAP affirmed the bankruptcy court's decisions granting judgment to the defendant on partial findings and denying a motion for a new trial.
Judge(s):
Bankruptcy judge Hillman; BAP judges Lamoutte, Cabán, and Kornreich.
Tag(s):

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