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Summaries by David Baker

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):

IN RE: THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, AS REPRESENTATIVE FOR THE COMMONWEALTH OF PUERTO RICO

Citation:
17-1831 (1st Circuit, Sep 22,2017) Published
Case Status:
Reversed and Remanded
Ruling:
District Court abused its discretion in denying intervention
Judge(s):
Howard (C.J. and author); Torruella and Kayatata
Tag(s):

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