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City Sanitation, LLC v. Allied Waste Services of Massachusetts, LLC (In re American Cartage, Inc.)

  • Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
  • 13 years 4 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...
Judge(s):
Selya (author), Howard and Thompson
Tag(s):

HSBC Bank USA v. Bank of New York Mellon Trust Co. (In re Bank of New England Corp.)

Citation:
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...
Tag(s):

Shamus Holdings, LLC v. LBM Financial, LLC (In re Shamus Holdings, LLC)

  • Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
  • 13 years 7 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...
Judge(s):
Selya; Thompson; Howard
Tag(s):

Laboy v. Doral Mortgage Corp. (In re Laboy)

  • Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
  • 13 years 7 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...
Judge(s):
Torruella, Lipez, Thompson
Tag(s):

Parker v. Handy (In re Handy)

Citation:
2010 WL 4142219 (1st Cir. 2010)
Ruling:
The United States Court of Appeals for the First Circuit affirmed the ruling of both the Bankruptcy Appellate Panel and the bankruptcy court, which held that 11 U.S.C. § 524(a)(2) precluded Parker...
Judge(s):
Chief Judge Lynch, Circuit Judge Torruella, Circuit Judge Howard
Tag(s):

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