Home » 1st Circuit

U.S. v. Marston

  • Summarized by Bodie Colwell , Preti Flaherty, LLP
  • 12 years 3 months ago
Citation:
U.S. v. Marston, No. 11-2100 (B.A.P. 1st Cir. Sept. 20, 2012)
Ruling:
The First Circuit Court of Appeals reversed one count of the judgment for bankruptcy fraud against Marston (Count Four) and affirmed one count of the judgment against Marston (Count One) from the...
Judge(s):
Boudin, Hawkins and Dyk
Tag(s):

Cox v. Villani

  • Summarized by Sarah Smegal , Hackett Feinberg PC
  • 12 years 4 months ago
Citation:
Cox v. Villani (In re Villani), --- B.R. ----, 2012 WL 3755525 (1st Cir. B.A.P. Aug. 28, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the First Circuit REVERSED the U.S. Bankruptcy Court for the District of Massachusetts. The BAP ruled the Bankruptcy Court erred when it ruled in favor of...
Judge(s):
Haines, Deasy, Tester
Tag(s):

The Cadle Co. v. Andersen (In re Andersen)

  • Summarized by Hale Lake , Hinshaw & Culbertson LLP
  • 12 years 4 months ago
Citation:
The Cadle Company v. Andersen, BAP No. MB 11-092 (B.A.P. 1st Cir. Aug. 17, 2012)
Ruling:
The Bankruptcy Appellate Panel of First Circuit affirmed the decision of the bankruptcy court which dismissed the complaint filed by the plaintiff, The Cadle Company, as General Partner of D.A.N....
Judge(s):
Haines
Tag(s):

Sharfarz v. Goguen (In re Goguen)

  • Summarized by Bodie Colwell , Preti Flaherty, LLP
  • 12 years 5 months ago
Citation:
In re Goguen, No. 11-9004 (B.A.P. 1st Cir. Aug. 15, 2012)
Ruling:
VACATING and REMANDING, the First Circuit Court of Appeals found that Sharfarz adequately proved causation (both cause in fact and legal cause) and Goguen did not bear his burden of showing an...
Judge(s):
Boudin, Souter, and Thompson
Tag(s):

Malley v. Agin

  • Summarized by Alexander Nicas , Goodwin Procter LLP
  • 12 years 5 months ago
Citation:
Malley v. Agin, No. 11-2042 (1st Cir. Aug. 15, 2012)
Ruling:
Joining the Ninth Circuit (Latman v. Burdette, 366 F.3d 774 (9th Cir. 2004)), the First Circuit recently held that a debtor's fraudulent concealment of non-exempt assets is an exceptional...
Judge(s):
Boudin, Souter, Thompson
Tag(s):

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

  • Summarized by David Baker , Law Office of David G. Baker
  • 12 years 5 months ago
Citation:
BAP No. NH 11-084
Ruling:
Affirming the bankruptcy court, the BAP held that (1) student loan creditor was bound by bankruptcy court’s determination (after an evidentiary hearing on debtor’s objection to claim that the...
Judge(s):
BAP Judges Hillman, Feeney and Hoffman. Decision authored by Hoffman
Tag(s):

RNPM, LLC v. Mercado Alvarez (In re Mercado Alvarez)

  • Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
  • 12 years 6 months ago
Citation:
Case No. PR-080 (1st Cir. BAP June 28, 2012)
Ruling:
Pursuant to Section 1322(e) of the Bankruptcy Code, the amount of an arrearage under a mortgage secured by the debtor’s principal residence, including the amount of the mortgagee’s attorneys...
Judge(s):
Boroff, Deasy, Bailey
Tag(s):

Fabrica de Muebles J.J. Alvarez, Inc. v. Inversiones Mendoza, Inc.

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 12 years 7 months ago
Citation:
Fabrica de Muebles J.J. Alvarez, Inc. v. Inversiones Mendoza, Inc., Case No. 11-1985 (1st Cir. June 4, 2012)
Ruling:
The First Circuit Court of Appeals held that the United States District Court, District of Puerto Rico, did not abuse its discretion in denying a (non-debtor) plaintiff's motion for reconsideration...
Judge(s):
Lynch, Boudin, Lipez
Tag(s):

Banco Bilbao Vizcaya Argentaria Puerto Rico v. Vazquez (In re Vazquez)

Citation:
B.A.P. 1st Cir (Case No 09-01574-BKT)
Ruling:
DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Judge(s):
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.
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 8 months ago
Citation:
Redondo Constr. Corp. v. Puerto Rico Highway & Transp. Auth. (In re Redondo Constr. Corp.), No. 11-1614 (1st Cir. May 11, 2012)
Ruling:
The First Circuit affirmed in part and remanded in part the decision of the Bankruptcy Court, which was affirmed by the District Court (D. P.R.). On appeal, the Puerto Rico Highway &...
Judge(s):
Selya, Lipez, Lynch, C.J
Tag(s):

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