Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 2 weeks ago
Citation:
(Docket No. 11-1830; March 21, 2012)
Ruling:
In affirming the lodestar approach for awarding joint debtors' counsel's fees in a chapter 13 case under Section 330, the First Circuit held that (1) the bankruptcy court, after finding that...
In re McGrahan, No. 09-13578 (B.A.P. 1st Cir. Dec. 7, 2011)
Ruling:
The B.A.P. concluded the bankruptcy court erred as a matter of law for two reasons. First, the bankruptcy court erroneously ruled that because the Second Modified Plan no longer contained a...
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
United States Court of Appeals for the First Circuit, Nos. 11-1364, 11-1386, November 1, 2011
Ruling:
The Court ruled that related, multi-count causes of action are deemed effectively abandoned under Bankruptcy Code section 554(c) by virtue of being "scheduled" and not administered by the close of...
Rosciti v. Ins. Co. of the State of Pa., No. 10-2087 (1st Cir. Oct. 7, 2011).
Ruling:
The United States Court of Appeals for the First Circuit found that the limiting provision in the excess insurance policy would violate the public policy of Rhode Island and reversed and remanded...
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 7 months ago
Citation:
(No. 10-2284), 2011 WL 3831891 (1st Cir. Aug. 31, 2011)
Ruling:
(1) Where "commercial tort claims" were not included in grant of security interest, subsequently arising claims for conversion, breach of fiduciary duty, and related torts allegedly committed...
HSBC Bank USA v. Bank of New York Mellon Trust Co. (In re Bank of New England Corp.), No. 10-1456 (1st Cir. June 23, 2011)
Ruling:
Under New York law and New York custom and practice, a senior debt holder is not entitled to receive post-petition interest unless a subordination agreement expressly provides that the senior debt...
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 10 months ago
Citation:
No. 10-2216 (1st Cir. June 9, 2011)
Ruling:
Section 108(c) tolls the period in which a mortgagee may enforce a mortgage where the period had not expired at the time the bankruptcy case commenced, and where—but for the automatic stay—the...
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 10 months ago
Citation:
No. 09-9022 (1st Cir. May 27, 2011)
Ruling:
Bankruptcy court’s previous granting of partial summary judgment in favor of debtors (in context of debtors' motion for reconsideration of dismissal of their adversary complaint) that mortgagee...
The Circuit Court affirmed the Bankruptcy Court’s revocation of the Chapter 7 Debtor’s discharge. Although the Debtor avoided making explicitly false statements to the Bankruptcy Court, the...
