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Summaries by David Baker
- Summarized by David Baker , Law Office of David G. Baker
- 3 months 3 weeks ago
- 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):
-
- Summarized by David Baker , Law Office of David G. Baker
- 7 months 1 week ago
- Ruling:
- In a per curium decision, the BAP found that the bankruptcy court clearly erred in its factual analysis and thus erred on the law.
- Judge(s):
- Feeney, Tester and Finkle.
- Tag(s):
-
- Summarized by David Baker , Law Office of David G. Baker
- 7 months 3 weeks ago
- Citation:
- 17-1916 (1st Circuit, Oct 19,2018) Published
- Case Status:
- Affirmed
- Ruling:
- The First Circuit affirmed the District Court's dismissal based on the Rooker-Feldman doctrine.
- Judge(s):
- Selya (author), Lynch & Thompson
- Tag(s):
-
- Summarized by David Baker , Law Office of David G. Baker
- 10 months 1 week ago
- Ruling:
- Vacated and remanded for further proceedings.
- Judge(s):
- Howard, Kayatta (author), and Torresen (D.J. Me., Sitting by designation)
- Tag(s):
-
- Summarized by David Baker , Law Office of David G. Baker
- 11 months 2 days ago
- 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):
-
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 6 days ago
- 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):
-
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 1 month ago
- Ruling:
- Reversed and remanded for further proceedings in accordance with the decision.
- Judge(s):
- Hoffman, Cary & Panos (Per Curiam unpublished opinion).
- Tag(s):
-
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 3 months ago
- Citation:
- MB 17-036 (1st Circuit, Feb 26,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy court affirmed.
- Judge(s):
- Per curium decision by Lamoutte, Caban, and FInkle.
- Tag(s):
-
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 5 months ago
- 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):
-
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 5 months ago
- 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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