Summarized by David Baker , Law Office of David G. Baker
13 years 7 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
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
13 years 8 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...
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...
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.
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
13 years 10 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 &...
In re The Plaza Resort at Palmas, Inc., No. 09-09980 (B.A.P. 1st Cir. April 25, 2012)
Ruling:
AFFIRMING the bankruptcy court, the B.A.P. found that both the record on appeal and the law of Puerto Rico amply supported the bankruptcy court’s rejection of the allegations of the complaint and...
Guay v. Burack, United States Court of Appeals for the First Circuit, No. 10-2513, April 19, 2012
Ruling:
Applying an abuse of discretion standard, the Court affirmed the dismissal of a civil action based on judicial estoppel when the plaintiffs had failed to amend their bankruptcy Schedules officially...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
13 years 11 months ago
Citation:
B.B. v. Bradley (In re Bradley), BAP No. MB 11-062 (1st Cir. B.A.P. Mar. 7, 2012)
Ruling:
The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) vacated the bankruptcy court’s order granting summary judgment to the plaintiff, B.B. (“B.B.”) and remanded the matter...
In re Inofin Inc., No. 11-11010 (B.A.P. 1st Cir. March 6, 2012)
Ruling:
The B.A.P found that the motion for relief from stay was not a final order as when relief from stay is denied because a moving party has failed to make the necessary showing of a colorable claim in...
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 15 hours ago
Citation:
(No. 11-1831) (March 22, 2012)
Ruling:
In a matter of first impression at the circuit level, the First Circuit held that a chapter 13 petition and a "fee-only" plan, under which the debtor proposes to pay essentially only the debtor's...
Judge(s):
Selya (author); Souter; Lipez (concurring in judgment); Lipez (concurring opinion)
