Best, Jr. v. Nationstar Mortgage LLC

Citation:
John F. Best, Jr. v. Nationstar Mortgage LLC, BAP NO. NH 15-019 (October 30, 2015)
Ruling:
The bankruptcy court did not err in granting Nationstar’s motion for judgment on the pleadings. The pleadings failed to set forth facts sufficient to establish a plausible claim that Nationstar...
Judge(s):
Tester, Bailey, and Finkle (Per Curiam)
Tag(s):

Sheedy v. Deutsche Bank National Trust Co. (In re Sheedy)

Citation:
Sheedy v. Deutsche Bank National Trust Company et al. (In re Sheedy) 14-1246
Ruling:
The Court ruled that Laura Sheedy (the "Debtor") Truth in Lending Act claim for rescission was time barred because refinancing occurred in 2004 and the Debtor did not bring a claim under TILA until...
Judge(s):
Howard, Torruella and Kayatta
Tag(s):

Belser v. Nationstar Mortgage, LLC (In re Belser)

Citation:
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling:
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim...
Judge(s):
Hillman, Feeney, Finkle
Tag(s):

Sauer Inc. v. Lawson (In re Lawson)

Citation:
Sauer Inc. v. Lawson (In re Lawson), No. 14-2058 (1st Cir. July 1, 2015)
Ruling:
The First Circuit Court of Appeals VACATED the bankruptcy court's order dismissing the adversary proceeding and REMANDED for further proceedings consistent with the opinion. The First Circuit...
Judge(s):
Lynch, Thompson, Kayatta
Tag(s):

Franklin CA Tax-Free Trust v. Commonwealth of Puerto Rico

Citation:
First Circuit #15-1218, 1221, 1271 & 1272
Ruling:
Affirms District Court's holding that §903 of the Bankruptcy Code pre-empts Puerto Rico's recently enacted "Recovery Act", relating to municipal bankruptcy. One judge concurred, but would find...
Judge(s):
Lynch (author), Howard, and Toruella (concurring in the judgment but would hold that exclusion of Puerto Rico is unconstitutional).
Tag(s):

Ross v. Garcia (In re Garcia)

Citation:
Ross v. Garcia (In re Garcia), 2015 WL 3889388, --- B.R. ---- (1st Cir. B.A.P. Jun. 24, 2015)
Ruling:
Regarding the order denying motion for reconsideration, the BAP found the creditor-appellant "failed to show exceptional circumstances justifying Rule 60(b)(6) relief" and further found no error in...
Judge(s):
Deasy, Finkle, Cary
Tag(s):

U.S.A. v. Alfredo Pacheco-Martinez

Citation:
USCA (1st Cir.) No. 13-2154
Ruling:
Affirmed. Defendant Alfredo Pacheco- Martinez was convicted of various offenses arising from his multi-year effort to swindle scores of unsuspecting victims out of over a million dollars and to...
Judge(s):
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Aida M. Delgado-Colón, U.S. District Judge Before Howard, Chief Judge, Selya and Lynch, Circuit Judges
Tag(s):

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