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Summaries by David Baker
- Summarized by David Baker , Law Office of David G. Baker
- 1 year 2 weeks ago
- Ruling:
- Bankruptcy court's decision awarding attorney fees to attorney that represented trustee reversed and remanded for further proceedings consistent with the opinion.
- Judge(s):
- Smith, Elrod, and Oldham
- Tag(s):
-
- Summarized by David Baker , Law Office of David G. Baker
- 2 years 4 months ago
- Citation:
- 19-9004 (1st Circuit, Oct 01,2020) Published
- Case Status:
- Affirmed
- Ruling:
- Appellate mootness rejected and bankruptcy court affirmed on the merits.
- Judge(s):
- Howard, C.J.; Selya; and Kayatta (author)
- Tag(s):
-
- Summarized by David Baker , Law Office of David G. Baker
- 3 years 1 week ago
- Citation:
- 18-2103 (1st Circuit, Jan 28,2020) Published
- Case Status:
- Affirmed
- Ruling:
- For the foregoing reasons, we dismiss the appeal of the April 4 damages award, and we affirm the amount of attorneys' fees imposed.
- Judge(s):
- Torruella, Thompson, and Kanatta (author)
- Tag(s):
-
- Summarized by David Baker , Law Office of David G. Baker
- 3 years 7 months ago
- 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):
-
- Summarized by David Baker , Law Office of David G. Baker
- 3 years 11 months 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
- 4 years 3 months 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
- 4 years 3 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):
-
- Summarized by David Baker , Law Office of David G. Baker
- 4 years 6 months 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
- 4 years 6 months 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
- 4 years 8 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):
-
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