Home » 1st Circuit

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

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 12 years 3 weeks 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 ,
  • 12 years 1 month 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
  • 12 years 1 month 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
  • 12 years 1 month 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
  • 12 years 2 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BAP No. MB 12-017 (unpublished)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):

Gonsalves v. Belice (In re Belice)

  • Summarized by Hale Lake , Hinshaw & Culbertson LLP
  • 12 years 2 months ago
Citation:
Gonsalves v. Belice (In re Belice), BAP No. 11-048, MB 12-005, (B.A.P. 1st Cir. Oct. 15, 2012)
Ruling:
The Bankruptcy Appellate Panel of First Circuit reversed and remanded the matter back to the bankruptcy court as the dismissal of the adversary proceeding seeking a determination on the...
Judge(s):
Haines
Tag(s):

The Prudential Insurance Company of America v. SW Boston Hotel Venture, LLC (In re SW Boston Hotel Venture, LLC)

  • Summarized by Michael Yurkewicz , Klehr Harrison Harvey Branzburg LLP
  • 12 years 3 months ago
Citation:
In re SW Boston Hotel Venture, LLC, et al., BAP No. MB 11-087 (October 1, 2012 1st Cir. BAP)
Ruling:
The order confirming the substantially consummated plan of reorganization was vacated and the case remanded to the bankruptcy court to allow for the amendment of the plan to address Prudential’s...
Judge(s):
Haines, Deasy, and Tester
Tag(s):

The Prudential Insurance Company of America v. City of Boston (In re SW Boston Hotel Venture, LLC)

Citation:
Prudential Ins. Co. v. City of Boston (In re SW Boston Hotel Venture, LLC), BAP NOS. MB 11-079, MB 11-082, MB 11-085, MB 11-086; Bankr. Case No. 10-14535-JNF (B.A.P. 1st Cir. Oct. 1, 2012)
Ruling:
In a dispute between a developer-debtor and its primary secured lender, the BAP AFFIRMED the bankruptcy court's decision to calculate postpetition interest (506(b)) owing to the lender at the...
Judge(s):
Haines, Deasy, and Tester, United States Bankruptcy Appellate Panel Judges
Tag(s):

Santiago v. Rivera (In re Santiago)

Citation:
Santiago v. Rivera (In re Santiago), BAP No. PR 11-075 (1st Cir. BAP Sep. 26, 2012) (for publication)
Ruling:
The First Circuit Bankruptcy Appellate Panel REVERSED the ruling of the bankruptcy court, finding that anticipated tax refunds for pre-petition earnings or losses are property of the estate under...
Judge(s):
Boroff, Deasy, and Bailey, United States Bankruptcy Appellate Panel Judges
Tag(s):

Matos v. Rivera (In re Matos)

  • Summarized by Guy Moss ,
  • 12 years 3 months ago
Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. PR 11-074, September 26, 2012
Ruling:
As a threshold matter, the BAP ruled that all tax refunds received by a Chapter 13 debtor are property of the estate whether pursuant to 11 U.S.C. sec. 541(a), to the extent they are rooted in...
Judge(s):
Boroff, Deasy and Bailey
Tag(s):

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