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Margaret Kinney v. HSBC Bank USA

Summarizing by Lars Fuller

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Summaries by Bruce Harwood

RNPM, LLC v. Mercado Alvarez (In re Mercado Alvarez)

Citation:
Case No. PR-080 (1st Cir. BAP June 28, 2012)
Ruling:
Pursuant to Section 1322(e) of the Bankruptcy Code, the amount of an arrearage under a mortgage secured by the debtor’s principal residence, including the amount of the mortgagee’s attorneys...
Judge(s):
Boroff, Deasy, Bailey
Tag(s):

Berliner v. Pappalardo (In re Puffer)

Citation:
(No. 11-1831) (March 22, 2012)
Ruling:
In a matter of first impression at the circuit level, the First Circuit held that a chapter 13 petition and a "fee-only" plan, under which the debtor proposes to pay essentially only the debtor's...
Judge(s):
Selya (author); Souter; Lipez (concurring in judgment); Lipez (concurring opinion)
Tag(s):

Berliner v. Pappalardo (In re Sullivan)

Citation:
(Docket No. 11-1830; March 21, 2012)
Ruling:
In affirming the lodestar approach for awarding joint debtors' counsel's fees in a chapter 13 case under Section 330, the First Circuit held that (1) the bankruptcy court, after finding that...
Judge(s):
Selya (author), Souter, Lipez
Tag(s):

City Sanitation, LLC v. Allied Waste Services of Massachusetts, LLC (In re American Cartage, Inc.)

Citation:
(No. 10-2284), 2011 WL 3831891 (1st Cir. Aug. 31, 2011)
Ruling:
(1) Where "commercial tort claims" were not included in grant of security interest, subsequently arising claims for conversion, breach of fiduciary duty, and related torts allegedly committed...
Judge(s):
Selya (author), Howard and Thompson
Tag(s):

Shamus Holdings, LLC v. LBM Financial, LLC (In re Shamus Holdings, LLC)

Citation:
No. 10-2216 (1st Cir. June 9, 2011)
Ruling:
Section 108(c) tolls the period in which a mortgagee may enforce a mortgage where the period had not expired at the time the bankruptcy case commenced, and where—but for the automatic stay—the...
Judge(s):
Selya; Thompson; Howard
Tag(s):

Laboy v. Doral Mortgage Corp. (In re Laboy)

Citation:
No. 09-9022 (1st Cir. May 27, 2011)
Ruling:
Bankruptcy court’s previous granting of partial summary judgment in favor of debtors (in context of debtors' motion for reconsideration of dismissal of their adversary complaint) that mortgagee...
Judge(s):
Torruella, Lipez, Thompson
Tag(s):

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