The Bankruptcy Appellate Panel for the First Circuit Affirmed the United States Bankruptcy Court for the District of Maine's judgment in part finding that the debtor's student loan obligations were...
The Bankruptcy Appellate Panel found no error or abuse of discretion in any of the orders of the Bankruptcy Court. Therefore affirmed all the issues on Appeal.
The trustee can overcome the burden of demonstrating that an appeal of a sale under § 363(b) is moot under § 363(m) if the appellant fails to offer a permissible theory for relief that would...
Inga Olsen (the “Debtor”) appeals from the bankruptcy court’s October 26, 2016 judgment in favor of creditor Finance Authority of Maine (“FAME”), determining that: (1) her student loan...
Judge(s):
BAP (Bailey, Godoy and Panos) appeal from USBC-Maine (Hon. Peter G. Cary)
(1)Bankruptcy court had post-confirmation jurisdiction to adjudicate dispute over interpretation of contract assumed by debtor during bankruptcy-if Netflix had been permitted to stream films before...
Judge(s):
Reena Raggi and Raymond J. Lohler, Jr., Circuit Judges, and Joan M. Azrack, District Judge for E.D.N.Y. sitting by designation
Third Circuit affirmed the dismissal by the District Court of a malpractice lawsuit brought by plaintiffs against their former chapter 11 bankruptcy attorney, on grounds that the lawsuit was barred...
Affirming the bankruptcy court's decision that plaintiff had failed to carry her burden of proving that a judgment debt, awarded as damages for an accident that occurred while the debtor allegedly...
A settlement agreement is not a judicial decision and thus, does not give rise to issue preclusion and defending a case on the basis of a release is an affirmative defense that must be raised in a...
The evidentiary record did not support a finding that the bankruptcy court had committed reversible error by entering judgment in favor of the debtor in nondischargeability litigation. The BAP will...
