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Summaries by William Amann

Privitera v. Curran

Citation:
1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP
Ruling:
AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's...
Judge(s):
Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.
Tag(s):

United Surety & Indemnity Co. v. Puerto Rico Electric Power Authority

Citation:
BAP NOS. PR 15-046, PR 15-048, Bankruptcy Case No. 08-07752-BKT, Adversary Proceeding No. 09-00258-BKT
Ruling:
We AFFIRM the Judgment of Dismissal and decline to consider USIC’s appeals from the Interlocutory Orders. We lack jurisdiction to hear PREPA’s cross-appeal and so that crossappeal is DISMISSED.
Judge(s):
Before Bankruptcy Judges Bailey, Finkle and Fagone
Tag(s):

U.S.A. v. Alfredo Pacheco-Martinez

Citation:
USCA (1st Cir.) No. 13-2154
Ruling:
Affirmed. Defendant Alfredo Pacheco- Martinez was convicted of various offenses arising from his multi-year effort to swindle scores of unsuspecting victims out of over a million dollars and to...
Judge(s):
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Aida M. Delgado-Colón, U.S. District Judge Before Howard, Chief Judge, Selya and Lynch, Circuit Judges
Tag(s):

Mercado v, Combined Investments, LLC

Citation:
BAP No. MB 14-030
Ruling:
AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under...
Judge(s):
Deasy, Kornreich and Finkle
Tag(s):

Bullard v. Hyde Park Savings Bank (In re Bullard)

Citation:
U.S.C.A., 1st Cir., No. 13-9009
Ruling:
An intermediate appellate court's affirmance of a bankruptcy court's denial of confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor...
Judge(s):
Thompson, Stahl and Kayatta
Tag(s):

William A. Howison v. Milo Enterprises, Inc. (In re The Freaky Bean Coffee Company)

Citation:
BAP No. EP 12-082
Ruling:
The BAP REVERSED the bankruptcy court’s judgment under Counts I and II, REMANDED for the entry of a judgment against the Trustee on those counts, VACATED the bankruptcy court's judgment...
Judge(s):
Appeal from the USBC-Maine (Honorable James B. Haines, Jr.) before US BAP for 1st Circuit, Judges Boroff, Deasy and Tester.
Tag(s):

Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

Citation:
BAP No. PR 12-045
Ruling:
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the...
Judge(s):
Haines, Feeney and Hoffman
Tag(s):

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