The Chapter 7 debtor had no standing to appeal a bankruptcy court order overruling his objection to a secured creditor's proof of claim for deficiency following foreclosure. In order to have...
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
The Court of Appeals affirms the Title III Court's ruling allowing certain expenses incurred by PREPA under a post petition contract to transfer the operations and management of PREPA to a private...
The U.S. Court of Appeals for the First Circuit (Circuit) affirmed the decision of the Bankruptcy Appellate Panel for the First Circuit (BAP), which itself affirmed the entry of summary judgment by...
Judge(s):
Jeffrey R. Howard; Sandra L. Lynch; and William J. Kayatta Jr.
The Federal Rules of Bankruptcy Procedure, and not the Federal Rules of Civil Procedure, apply to cases for which federal courts have jurisdiction under the "related to" jurisdictional grant of 28...
Judge(s):
Lynch and Selya, Circuit Judges, and Katzmann, Judge of the US Court of International Trade, sitting by designation
A bankruptcy court's authority to enforce its own orders gives the court power to dismiss a bankruptcy petition, and to deny the debtor a discharge, if the debtor willfully fails to comply with the...
Affirming the U.S. Bankruptcy Court for the District of Massachusetts (BC), the U.S. Court of Appeals for the First Circuit (Circuit) for the first time formally extended its preexisting...
Judge(s):
Jeffrey R. Howard; Kermit V. Lipez; and Ojetta Rogeriee Thompson
The U.S. Court of Appeals for the First Circuit (Circuit) held that the judge sitting by designation on the U.S. District Court for the District of Puerto Rico solely for hearing petitions under...
Judge(s):
Sandra L. Lynch; Kermit V. Lipez, and Ojetta R. Thompson