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Summaries by David Baker

Aurelius Investments, LLC v. Commonwealth of Puerto Rico

Citation:
18-1671, 18-1746, 18-1787 (1st Circuit, Feb 15,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The members of the PROMESA board ARE subject to the Appointments Clause so the structure of the Board as it presently exists is unconstitutional. The court ordered the constitutionally-offending...
Judge(s):
Torruella (author), Thompson and Kayatta
Tag(s):

Fustolo v. The Patriot Group LLC

Citation:
17-1984 (1st Circuit, Jul 16,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court's order denying debtor a discharge reversed because allowing motion to conform complaint to the evidence was a due process violation in the circumstances.
Judge(s):
Toruella (author), Thompson and Kayatta
Tag(s):

INTERNAL REVENUE SERVICE v MURPHY

Citation:
17-1601 (1st Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
Tag(s):

Mission Product Holdings, Inc. v. Old Cold LLC

Citation:
16-90102, 116-9015 (1st Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's finding of good faith in a §363 sale affirmed; otherwise the appeal is moot due to the sale having been completed without a stay.
Judge(s):
Kayatta (author), Torruella, and Lynch
Tag(s):

Mission product Holdings, Inc. v. Tempnology, LLC

Citation:
16-9106 (1st Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court affirmed. BAP had affirmed in part and reversed in part.
Judge(s):
Kayatta (author) and Lynch, with Torruella concurring in part and dissenting in part.
Tag(s):

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