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Summaries by Guy Moss

Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund

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):

The Municipality of Carolina v. Gonzalez (In re Gonzalez)

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):

Hann v. Educational Credit Management Corp. (In re Hann)

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):

Toye v. O'Donnell (In re O'Donnell)

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):

Matos v. Rivera (In re Matos)

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):

[UPDATED] Guay v. Burack

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):

Donarumo v. Furlong (In re Furlong)

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):

IRS v. Paolo (In re Paolo)

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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