IN RE: STEWART

• Summarized by David Baker , Law Office of David G. Baker
• 6 years 2 months ago

Citation:

BAP No. 17-038` (1st Circuit, Nov 01,2018) Published

Case Status:

Reversed and Remanded

Ruling:

In a per curium decision, the BAP found that the bankruptcy court clearly erred in its factual analysis and thus erred on the law.

Judge(s):

Feeney, Tester and Finkle.

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Discharge/Dischargeability
• §§523(a)(2)(a)

KLIMOWICZ v DEUTSCHE BANK NATIONAL TRUST COMPANY

• Summarized by David Baker , Law Office of David G. Baker
• 6 years 2 months ago

Citation:

17-1916 (1st Circuit, Oct 19,2018) Published

Case Status:

Affirmed

Ruling:

The First Circuit affirmed the District Court's dismissal based on the Rooker-Feldman doctrine.

Judge(s):

Selya (author), Lynch & Thompson

Tag(s):

• 1st Circuit
• Mortgage

IN RE: INSITE CORPORATION, INC.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 6 years 2 months ago

Citation:

17-1436 (1st Circuit, Oct 05,2018) Published

Case Status:

Reversed and Remanded

Ruling:

The Pearlman doctrine (Pearlman v. Reliance Ins. Co., 371 U.S. 132, 141-42 (1962)), does not apply to the relationship at issue between the debtor-subcontractor and the contractor due to the...

Judge(s):

Torruella, Lipez, and Barron

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation

U.S. v. Valdes-Ayala

• Summarized by Camila Bersani , U.S. Bankruptcy Court
• 6 years 4 months ago

Citation:

16-1002 (1st Circuit, Aug 15,2018) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

First Circuit affirmed convictions of defendant who exploited debtors by filing incomplete bankruptcy petitions and promising assistance in their child support payments. First Circuit also vacated...

Judge(s):

Howard, Thompson, and Barron

Tag(s):

• 1st Circuit
• Fraud
• Professional Compensation/Fees
• Consumer Bankruptcy
• Consumer Debt
• Puerto Rico

Peaje Investments LLC v. The Financial Oversight and Mgmt Board for Puerto Rico

• Summarized by Bradley Pearce , Pearce Law PLLC
• 6 years 5 months ago

Citation:

17-2165, 17-2166, 17-2167 (1st Circuit, Aug 08,2018) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

A declaration by a governmental instrumentality (i.e., not the legislature) of the existence of a lien is insufficient to create a statutory lien unless the instrumentality's declaration is...

Judge(s):

Howard, Kayatte, and Torreson (D. Maine, sitting by designation)

Tag(s):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Professional Practice Areas
• Puerto Rico
• 552

Financial Oversight and Mgmt Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

• Summarized by David Baker , Law Office of David G. Baker
• 6 years 5 months ago

Citation:

17–2079 (1st Circuit, Aug 08,2018) Published

Case Status:

Reversed and Remanded

Ruling:

Vacated and remanded for further proceedings.

Judge(s):

Howard, Kayatta (author), and Torresen (D.J. Me., Sitting by designation)

Tag(s):

• 1st Circuit
• Venue/Jurisdiction
• Puerto Rico
• PROMESA

Fustolo v. The Patriot Group LLC

• Summarized by David Baker , Law Office of David G. Baker
• 6 years 5 months ago

Citation:

17-1984 (1st Circuit, Jul 16,2018) Published

Case Status:

Reversed and Remanded

Ruling:

Bankruptcy court's order denying debtor a discharge reversed because allowing motion to conform complaint to the evidence was a due process violation in the circumstances.

Judge(s):

Toruella (author), Thompson and Kayatta

Tag(s):

• 1st Circuit
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Discharge/Dischargeability
• §727

INTERNAL REVENUE SERVICE v MURPHY

• Summarized by David Baker , Law Office of David G. Baker
• 6 years 7 months ago

Citation:

17-1601 (1st Circuit, Jun 07,2018) Published

Case Status:

Affirmed

Ruling:

Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...

Judge(s):

Stahl and Souter in the majority, and Lynch dissenting.

Tag(s):

• 1st Circuit
• Discharge/Dischargeability
• Bankruptcy Taxation
• 362
• 524
• 727

Rentas v. Mapfre Praico Insurance Co.

• Summarized by David Baker , Law Office of David G. Baker
• 6 years 8 months ago

Citation:

17-018 (1st Circuit, May 04,2018) Not Published

Case Status:

Reversed and Remanded

Ruling:

Reversed and remanded for further proceedings in accordance with the decision.

Judge(s):

Hoffman, Cary & Panos (Per Curiam unpublished opinion).

Tag(s):

• 1st Circuit
• Practice and Procedure
• Rule 7037

Stevenson v. Homes

• Summarized by Hale Lake , Hinshaw & Culbertson LLP
• 6 years 8 months ago

Citation:

1st Circuit BAP No. MB 17-035 (1st Circuit, Apr 30,2018) Published

Case Status:

Affirmed

Ruling:

The First Circuit BAP affirmed dismissal of the debtor’s Chapter 13 case holding the bankruptcy court did not abuse its discretion in dismissing the case for unreasonable delay that is...

Judge(s):

Lamoutte, Finkle, and Harwood

Tag(s):

• 1st Circuit
• Consumer Bankruptcy
• 11 U.S.C.S. § 1307

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