GUZMAN v. NOREEN WISCOVITCH RENTAS, CH 7 TRUSTEE

Citation:
BAP No. PR 16-045, Bankruptcy Case No. 13-04232-BKT GUZMAN v. NOREEN WISCOVITCH RENTAS, CH 7 TRUSTEE (1st Circuit, May 17,2017) Published
Case Status:
Affirmed
Ruling:
Auberto Nieves Guzmán and Annette Nazario Rodríguez Debtors appeal from the order denying their motion for reconsideration of the order sustaining the chap objection to certain claimed...
Judge(s):
BAP: Feeney, Finkle and Fagone. USBC-Puerto Rico: Tester
Tag(s):

Privitera v. Curran (In re Curran), (1st Cir, 2017)

Citation:
16-9006 (1st Circuit, Apr 20,2017) Published
Case Status:
Affirmed
Ruling:
Without pleaded facts adequate to support a reasonable inference of material falsity, the plaintiff's section 523(a)(2)(B) claim does not cross the line from possible to plausible. The plausibility...
Judge(s):
Howard, Selya and Lynch
Tag(s):

Encanto Restaurants, Inc. v. Vidal, et al

Citation:
Bankruptcy Case Nos. 12-08567-MCF & 12-08570-MCF (Consolidated) , Adv. Pro. No. 14-00030-MCF, BAP No. PR 16-034 (1st Circuit, Mar 21,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Encanto lacks standing to pursue an appeal from the June 2016 Order and the Judgment to the extent that those rulings denied Encanto’s requests for relief for alleged violations of § 362’s...
Judge(s):
Bankruptcy Judge Mildred Caban Flores, BAP Judges: Bailey, Harwood and Fagone
Tag(s):

Goat Island South Condominium Assoc., Inc. v. IDC Clambakes, Inc. (In re IDC Clambakes, Inc.)

Citation:
15-1771, 15-1818 (1st Circuit, Mar 24,2017) Published
Case Status:
Reversed
Ruling:
The Court of Appeals reversed the District Court's Opinion and affirmed the Bankruptcy Court's decision to award no equitable relief to the Associations. Nothing on the Rhode Island Supreme Court...
Judge(s):
Lynch, Baldock (sitting by designation) and Kayatta
Tag(s):

ABOVE-ALL TRANSPORTATION, INC. v FRAHER

Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

Above-All Transportation, Inc. v. Fraher

Citation:
BAP NO. MB 16-026 (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Panel Affirms the bankruptcy court's ruling in favor of Shannon Fraher on the count brought under 1 U.S.C. 523(a)(2)(A).
Judge(s):
Deasy, Tester and Finkle
Tag(s):

Zutrau v. Zutrau (In re Zutrau)

Citation:
BAP NO. MB 16-029 (1st Circuit, Feb 16,2017) Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel for the First Circuit AFFIRMED the amended judgment of the bankruptcy court finding that certain debts owed to the Debtor's sister were nondischargable under section...
Judge(s):
Deasy, Tester, and Finkle
Tag(s):

Rosado v. Banco Popular De Puerto Rico, BAP No. PR 16-016, BK Casae No. 11-02825-BKT

Citation:
BAP No. PR 16-016, BK Casae No. 11-02825-BKT (1st Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:

 By asserting their claim under § 524(a)(2), the Debtors undertook the burden of demonstrating clearly and convincingly that Banco Popular: (1) had notice of their discharge; (2) intended...

Judge(s):
Feeney, Cary and Fagone
Tag(s):

Bates v. CitiMortgage, Inc.

Citation:
16-1228 (1st Circuit, Dec 14,2016) Published
Case Status:
Affirmed
Ruling:

The First Circuit affirmed the bankruptcy court's decision that a 1099-A form sent by the mortgagee did not violate the discharge injunction.

Judge(s):
Lynch, Thompson (author) and Barron
Tag(s):

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