Ambac Assurance Corp. v. Commonwealth of Puerto Rico
- Citation:
- 18-1214 (1st Circuit, Jun 24,2019) Published
- Case Status:
- Affirmed
- Ruling:
- District Court affirmed.
- Judge(s):
- Kayatta (Author), Torruella, and Lopez
- Tag(s):
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Summaries by David Baker
Aurelius Investments, LLC v. Commonwealth of Puerto Rico
- Summarized by David Baker , Law Office of David G. Baker
- 11 months 2 days ago
- 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):
IN RE: STEWART
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 2 months ago
- Citation:
- BAP No. 17-038` (1st Circuit, Nov 01,2018) Published
- Case Status:
- Reversed and Remanded
- 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):
KLIMOWICZ v DEUTSCHE BANK NATIONAL TRUST COMPANY
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 2 months 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):
Financial Oversight and Mgmt Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 5 months ago
- Citation:
- 17–2079 (1st Circuit, Aug 08,2018) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- Vacated and remanded for further proceedings.
- Judge(s):
- Howard, Kayatta (author), and Torresen (D.J. Me., Sitting by designation)
- Tag(s):
Fustolo v. The Patriot Group LLC
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 6 months ago
- 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
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 7 months 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):
Rentas v. Mapfre Praico Insurance Co.
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 8 months ago
- Citation:
- 17-018 (1st Circuit, May 04,2018) Not Published
- Case Status:
- Reversed and Remanded
- Ruling:
- Reversed and remanded for further proceedings in accordance with the decision.
- Judge(s):
- Hoffman, Cary & Panos (Per Curiam unpublished opinion).
- Tag(s):
In re Karin E. Flynn
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 10 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):
Mission Product Holdings, Inc. v. Old Cold LLC
- Summarized by David Baker , Law Office of David G. Baker
- 2 years 2 days 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):
