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Perez v. Bui (In re Tenorio)

Summarizing by Lars Fuller

Janvey v. Romero

Summarizing by John Bollinger

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Summaries by Hale Yazicioglu

Momentive Performance Materials, Inc. v. Bokf, NA (In the Matter of MPM Silicones, L.L.C.)

Citation:
15-1771, 15-1682, 15-1824 (2nd Circuit, Oct 20,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
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):

O’Rorke v. Porcaro (In re Porcaro)

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):

Wiscovitch-Rentas v. Sur CSM Plaza, Inc. (In re PMC Marketing Corp.)

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In a decision not for publication, the BAP reversed the Bankruptcy Court’s order granting summary judgment to the defendant on the Trustee’s single claim under 11 U.S.C. § 547 seeking to...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):

Belser v. Nationstar Mortgage, LLC (In re Belser)

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):

Riemer & Braunstein LLP v. Mark G. DeGiacomo (In re A&E 128 North Corporation)

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):

Fahey v. Massachusetts Department of Revenue (In re Fahey) and other consolidated cases

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):

Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank

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):

EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc.

Citation:
EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc., BAP No. PR 13-055 (1st Cir. B.A.P. July 31, 2014
Ruling:
The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) reversed the Bankruptcy Court’s dismissal of the Chapter 11 case of debtor, EPR Marine Welding Construction Services, Inc....
Judge(s):
Hillman, Hoffman, Finkle
Tag(s):

Massachusetts Dept. of Unemployment Assistance v. OPK Biotech, LLC (In re PBBPC, Inc.)

Citation:
Massachusetts Department of Unemployment Assistance v. OPK Biotech, LLC (In re PBBPC, Inc.), BAP No. MB-12042 (1st Cir. B.A.P. Jan. 17, 2013)
Ruling:
The First Circuit B.A.P., adopting the expansive definition of “interest” in Section 363(f) of the Bankruptcy Code, held that “interest” in Section 363(f) includes all obligations that may...
Judge(s):
Haines, Deasy, Tester
Tag(s):

Redondo Construction Corp. v. Puerto Rico Highway and Transportation Authority (In re Redondo Construction Corp.)

Citation:
Redondo Constr. Corp. v. Puerto Rico Highway & Transp. Auth. (In re Redondo Constr. Corp.), No. 12-1326 (1st Cir. Nov. 21, 2012)
Ruling:
The First Circuit remanded the matter to the United States District Court for the District of Puerto Rico to vacate a judgment entered by bankruptcy court and affirmed by the district court and for...
Judge(s):
Torruella, Howard and Thompson, C.J.
Tag(s):

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