Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
13 years 9 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...
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 5 days 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)
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 6 days 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...
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...
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 9 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...
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 10 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...
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 11 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...
