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Summaries by Hale Lake
- Summarized by Hale Lake , Hinshaw & Culbertson LLP
- 3 months 2 weeks ago
- Ruling:
- The doctrine of derivative jurisdiction does not apply to removed cases where the state court lacked personal jurisdiction over the defendants. Under the doctrine, jurisdiction of the federal court...
- Judge(s):
- Jordan, Lagoa and Brasher
- Tag(s):
-
- Summarized by Hale Lake , Hinshaw & Culbertson LLP
- 1 year 9 months ago
- Citation:
- 18-1650 (3rd Circuit, Sep 12,2019) Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed district court and bankruptcy court ruling voiding a transfer of real estate title conducted via the New Jersey tax foreclosure proceedings as preferential under 11 U.S.C 547(b). The Court...
- Judge(s):
- McKee, Porter and Roth
- Tag(s):
-
- Summarized by Hale Lake , Hinshaw & Culbertson LLP
- 3 years 1 month ago
- Citation:
- 1st Circuit BAP No. MB 17-035 (1st Circuit, Apr 30,2018) Published
- Case Status:
- Affirmed
- Ruling:
- The First Circuit BAP affirmed dismissal of the debtor’s Chapter 13 case holding the bankruptcy court did not abuse its discretion in dismissing the case for unreasonable delay that is...
- Judge(s):
- Lamoutte, Finkle, and Harwood
- Tag(s):
-
- Summarized by Hale Lake , Hinshaw & Culbertson LLP
- 3 years 7 months ago
- Ruling:
- The Second Circuit affirmed the lower court's rulings concerning priority of the Second-Lien Holders over the Subordinate Notes holders; affirmed lower court's ruling finding Senior Lien Holders...
- Judge(s):
- Cabranes, Pooler and Parker
- Tag(s):
-
- Summarized by Hale Lake , Hinshaw & Culbertson LLP
- 5 years 4 months ago
- Citation:
- O’Rorke v. Porcaro (In re Porcaro), BAP No. MW15-026, --- B.R. --- (1st Cir. BAP Feb. 3, 2016)
- Ruling:
- The BAP affirmed the Bankruptcy Court’s orders granting summary judgment on the judgment creditors’ 11 U.S.C. § 523(a)(6) nondischargeability claim and denying the debtor’s motion for...
- Judge(s):
- Deasy, Harwood, Cary
- Tag(s):
-
- Summarized by Hale Lake , Hinshaw & Culbertson LLP
- 5 years 4 months ago
- Citation:
- Wiscovitch-Rentas v. Sur CSM Plaza, Inc., (In re PMC Marketing Corp.), BAP No. PR15-023, --- B.R. --- (1st Cir. BAP Jan. 19, 2016)
- Ruling:
- In a decision not for publication, the BAP reversed the Bankruptcy Court’s order granting summary judgment to the defendant on the Trustee’s single claim under 11 U.S.C. § 547 seeking to...
- Judge(s):
- Feeney, Deasy, Cary
- Tag(s):
-
- Summarized by Hale Lake , Hinshaw & Culbertson LLP
- 5 years 10 months ago
- Citation:
- Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
- Ruling:
- The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim...
- Judge(s):
- Hillman, Feeney, Finkle
- Tag(s):
-
- Summarized by Hale Lake , Hinshaw & Culbertson LLP
- 6 years 2 months ago
- Citation:
- Riemer & Braunstein LLP v. DeGiacomo (In re A&E 128 North Corp.), ---F.3d --- (1st Cir. BAP Apr. 2, 2015)
- Ruling:
- Affirming Bankruptcy Court’s determination that a new trustee was not elected pursuant to 11 U.S.C. § 702(b) as the secured creditor was disqualified from voting for the permanent Chapter 7...
- Judge(s):
- Kornreich, Tester, Cary
- Tag(s):
-
- Summarized by Hale Lake , Hinshaw & Culbertson LLP
- 6 years 3 months ago
- Citation:
- Fahey v. MA Dept of Revenue (In re Fahey), --- F.3d --- (1st Cir. Feb. 18, 2015)
- Ruling:
- Unpaid taxes due on Massachusetts state income tax return filed after the statutory filing date cannot be discharged in bankruptcy under 11 U.S.C. 523(a). While section 523(a) a tax is not...
- Judge(s):
- Torruella, Thompson, and Kayatta
- Tag(s):
-
- Summarized by Hale Lake , Hinshaw & Culbertson LLP
- 6 years 4 months ago
- Citation:
- Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Company), Docket No. 2013-02187, --- F.3d --- (2d. Cir. Jan. 21, 2015)
- Ruling:
- The UCC-3 termination statement filed by the debtor terminating three UCC-1s, including one mistakenly included that related to a separate term loan, was effective to terminate the security...
- Judge(s):
- Winter, Wesley, and Carney, Circuit Judges
- Tag(s):
-
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