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Summaries by Guy Moss

Hannon v. ABCD Holdings, LLC (In re Hannon)

Citation:
United States Court of Appeals for the First Circuit, No. 15-2269, October 7, 2016
Ruling:
Affirming the district court's affirmance of the bankruptcy court's entry of summary judgment denying the Debtor's discharge under 11 U.S.C. sec. 727(a)(4)(A), the First Circuit examined the...
Judge(s):
Judges Kayatta, Barron and McAuliffe
Tag(s):

Andover Covered Bridge, LLC v. Harrington

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 16-005, July 31, 2016
Ruling:
Affirming the dismissal of a Chapter 11 proceeding, the First Circuit BAP examined the serial components of a motion to dismiss or convert under sec. 1112 of the Code. First, a court must examine...
Judge(s):
Feeney, Godoy, and Harwood
Tag(s):

Jeffrey P. White and Associates, P.C. v. Fessenden

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, BAP No. EP 15-043, April 14, 2016
Ruling:
Reversing and remanding, the First Circuit BAP concluded that Harris v. Viegelahn, 135 S.Ct. 1829 (2015), which held that plan payments made by a chapter 13 debtor from his post-petition wages and...
Judge(s):
Boroff, Godoy, and Finkle
Tag(s):

Pawtucket Credit Union v. Boyajian

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
Ruling:
Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth...
Judge(s):
Kornreich, Tester, and Cary
Tag(s):

Lydon v. T&N Limited

Citation:
United States Court of Appeals for the First Circuit, No. 14-1281, February 11, 2015
Ruling:
Affirming the ruling of the district court, the First Circuit determined that the plain language of a confirmed chapter 11 Plan, which created a litigation trust to which individual asbestos claims...
Judge(s):
Lynch, Stahl and Kayatta
Tag(s):

Witkowski v. Boyajian

Citation:
United States Bankruptcy Panel for the First Circuit, BAP No. RI 14-040 (Nov. 13, 2014)
Ruling:
The Court determined that a bankruptcy judge did not abuse her discretion in dismissing a chapter 13 case pursuant to Code sec. 1307. More specifically, the Court ruled that (i) a debtor's failure...
Judge(s):
Tester, Godoy and Harwood
Tag(s):

DeGiacomo v. Traverse (In re Traverse)

Citation:
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling:
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the...
Judge(s):
Torruella, Howard and Kayatta
Tag(s):

Taal v.Sumski (In re Sumski)

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. 13-041 (January 30, 2014)
Ruling:
Code sec. 109(h)(1) requires that any individual debtor shall have received credit counseling from an approved agency within 180 days of the filing of a case. There was no abuse of discretion in...
Judge(s):
Boroff, Hillman and Godoy
Tag(s):

Daniels v. Agin

Citation:
United States Court of Appeals for the First Circuit, No. 12-2376, November 25, 2013
Ruling:
Affirming the rulings of the courts below, against the Debtor, the Court held first that where the Debtor had entered into numerous transactions prohibited by sections 401 and 4975 of the Internal...
Judge(s):
Lynch, Howard and Kayatta
Tag(s):

USA v. Monahan

Citation:
United States Bankruptcy Appellate Panel for the First Circuit, No. MB 12084 (Sept. 19, 2013)
Ruling:
Reversing the ruling of the bankruptcy court, the BAP determined that confirmation of a Chapter 13 plan (the "Plan") which fails to address the payment of post-petition interest on...
Judge(s):
Haines, Deasy and Godoy
Tag(s):

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