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Summaries by Guy Moss
- Summarized by Guy Moss ,
- 12 years 7 months ago
- Citation:
- United States Court of Appeals for the First Circuit, No. 12-2312 (July 24, 2013)
- Ruling:
- In matters of first impression, the First Circuit addressed two issues relating to the withdrawal liability of private equity firms, as owners of a bankrupt portfolio company, under the...
- Judge(s):
- Lynch, Thompson and Kayatta
- Tag(s):
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- Summarized by Guy Moss ,
- 12 years 10 months ago
- Citation:
- Bankruptcy Appellate Panel for the First Circuit, No. 10-10029-BKT (April 12, 2013)A
- Ruling:
- Concluding that no legally cognizable grounds for reconsideration were established, the Court affirmed the bankruptcy court's denial of a Rule 60(b) motion, seeking to recognize a late-filed claim....
- Judge(s):
- Haines, Feeney and Hoffman
- Tag(s):
-
- Summarized by Guy Moss ,
- 12 years 11 months ago
- Citation:
- United States Court of Appeals for the First Circuit, No. 12-9006, March 29, 2013
- Ruling:
- Addressing the pitfalls of an unusually phrased order, the Court affirmed lower court rulings and concluded that when an order imprecisely "allows" a claim at zero (rather than disallowing the...
- Judge(s):
- Torruella, Stahl and Thompson
- Tag(s):
-
- Summarized by Guy Moss ,
- 13 years 2 months ago
- Citation:
- United States Bankruptcy Appellate Panel for the First Circuit, No. EP 12-015, December 5, 2012
- Ruling:
- The Court affirmed the bankruptcy court's ruling that a debt was non-dischargeable under the false financial statement provisions of Code sec. 523(a)(2)(B). Focusing solely on the standards of...
- Judge(s):
- Lamoutte, Feeney, and Caban
- Tag(s):
-
- Summarized by Guy Moss ,
- 13 years 5 months ago
- Citation:
- United States Bankruptcy Appellate Panel for the First Circuit, No. PR 11-074, September 26, 2012
- Ruling:
- As a threshold matter, the BAP ruled that all tax refunds received by a Chapter 13 debtor are property of the estate whether pursuant to 11 U.S.C. sec. 541(a), to the extent they are rooted in...
- Judge(s):
- Boroff, Deasy and Bailey
- Tag(s):
-
- Summarized by Guy Moss ,
- 13 years 10 months ago
- Citation:
- Guay v. Burack, United States Court of Appeals for the First Circuit, No. 10-2513, April 19, 2012
- Ruling:
- Applying an abuse of discretion standard, the Court affirmed the dismissal of a civil action based on judicial estoppel when the plaintiffs had failed to amend their bankruptcy Schedules officially...
- Judge(s):
- Boudin, Selya and Lipez
- Tag(s):
-
- Summarized by Guy Moss ,
- 14 years 4 months ago
- Citation:
- United States Court of Appeals for the First Circuit, Nos. 11-1364, 11-1386, November 1, 2011
- Ruling:
- The Court ruled that related, multi-count causes of action are deemed effectively abandoned under Bankruptcy Code section 554(c) by virtue of being "scheduled" and not administered by the close of...
- Judge(s):
- Lynch, Boudin and Stahl
- Tag(s):
-
- Summarized by Guy Moss ,
- 15 years 4 months ago
- Citation:
- (1st Circuit, Dec 31,1969)
- Summarized by Guy Moss ,
- 15 years 5 months ago
- Citation:
- (1st Circuit, Dec 31,1969)
- Ruling:
- The First Circuit overturned a district court opinion based on the law of judicial estoppel. Not worth of consideration.
- Tag(s):
-
- Summarized by Guy Moss ,
- 15 years 5 months ago
- Citation:
- United States Court of Appeals for the First Circuit, No. 09-2083, September 8, 2010
- Ruling:
- The Court ruled that, notwithstanding that the district court was acting in a quasi-appellate capacity in determining that the bankruptcy court should have abstained from ruling on a Code section...
- Judge(s):
- Boudin, Gajarsa and Thompson
- Tag(s):
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