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Summaries by Lee Harrington

Keach v. New Brunswick Southern Railway Co. Ltd.

Citation:
Robert Keach, Chapter 11 Trustee v. New Brunswick Southern Railway Co. Ltd et al. (In re Montreal, Maine & Atlantic Railway, Ltd.), BAP No. 16-015 (Oct. 21, 2016)
Ruling:
The United States Bankruptcy Appellate Panel for the First Circuit affirmed the ruling of the bankruptcy court that certain claims for interline rail services were entitled to priority treatment...
Judge(s):
Judge Joan N. Feeney, Judge Bruce Harwood and Judge Michael Deasy
Tag(s):

United Surety & Indemnity Co. v. Lopez-Munoz

Citation:
United Surety & Indemnity Co. v. Pedro Lopez-Munoz (In Re Pedro Lopez-Munoz), 1st Cir. BAP No. PR16-011, Bankr. Case No. 13-08171-EAG (July 28, 2016)
Ruling:
Despite the debtor's initial failure to disclose certain prepetition transfers and schedule certain assets, the court denied a creditor's motion to appoint a chapter 11 trustee when the debtor...
Judge(s):
Judges Francis Bailey, Diane Finkle and Michael Fagone
Tag(s):

Harris v. Scarcelli (In re Oak Knoll Associates, L.P.)

Citation:
Harris v. Scarcelli et al. Case No. 15-2189, United States Court of Appeals for the First Circuit (August 19, 2016)
Ruling:
The First Circuit affirmed summary judgment ruling of lower courts against a real estate broker who failed to demonstrate that he was entitled by contract or in equity under the Bankruptcy Code to...
Judge(s):
Jeffery R. Howard, Chief Judge Juan R. Torruellla, Circuit Judge David J. Barron, Circuit Judge
Tag(s):

Krys v. Klejna

Citation:
Kenneth M. Krys, as Joint Liquidator of SPhinX Ltd. et al.v. Dennis A Klenjna, J.P. Morgan Chase & Co., Summary Order, 2nd Cir. Case No. 14-3446(L), (July 29, 2016)
Ruling:
The Second Circuit upheld the district court's order dismissal of certain state-law claims against the defendant-appellees, and in doing so, found that the district court was not required to...
Judge(s):
Present: Rosemary S. Pooler; Peter W. Hall, and Susan L. Carney, Circuit Judges
Tag(s):

Robin Singh Educational Services, Inc. v. McCarthy (In re McCarthy)

Citation:
Robin Singh Educational Services, Inc. v. McCarthy (In re McCarthy), BAP Case No, MB 12-059 (B.A.P. 1st Cir. Mar. 22, 2013)
Ruling:
Affirming the Bankruptcy court’s denial of discharge pursuant to Section 727(a)(4), agreeing with the bankruptcy court that the debtor’s failure to schedule all of his assets was an...
Judge(s):
Haines, Tester and Godoy
Tag(s):

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