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Summaries by Bruce Harwood
- Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
- 13 years 8 months ago
- 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):
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- Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
- 13 years 11 months ago
- 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):
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- Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
- 13 years 11 months ago
- 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):
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- Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
- 14 years 6 months ago
- 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):
-
- Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
- 14 years 8 months ago
- 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):
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- Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
- 14 years 9 months ago
- 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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- Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
- 14 years 10 months ago
- Citation:
- 1st Circuit Court of Appeals, Docket No. 10-1642, April 21, 2011
- Ruling:
- The First Circuit (1) holds untimely the Debtors' request (first made in a motion to reconsider) to certify questions construing a Massachusetts consumer loan rescission statute to the...
- Tag(s):
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