Summarized by Hale Lake , Hinshaw & Culbertson, LLP
13 years 5 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...
Summarized by Michael Yurkewicz , Klehr Harrison Harvey Branzburg LLP
13 years 6 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...
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
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
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...
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...
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
13 years 7 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...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
13 years 7 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....
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...
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...
