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Summaries by Sarah Smegal
- Summarized by Sarah Smegal , Hackett Feinberg PC
- 7 years 4 months ago
- Citation:
- Wiscovitch-Rentas v. Santa Rosa Mall, LLC (In re PMC Mktg. Corp.), BAP No. PR 15-024, slip op. (B.A.P. 1st Cir. Jan. 19, 2016).
- Ruling:
- In a decision not for publication, the BAP reversed the bankruptcy court's order granting Defendant Santa Rosa Mall, LLC's motion for summary judgment on the Trustee's preference claim based upon...
- Judge(s):
- Feeney, Deasy, Cary
- Tag(s):
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- Summarized by Sarah Smegal , Hackett Feinberg PC
- 7 years 11 months ago
- Citation:
- Ross v. Garcia (In re Garcia), 2015 WL 3889388, --- B.R. ---- (1st Cir. B.A.P. Jun. 24, 2015)
- Ruling:
- Regarding the order denying motion for reconsideration, the BAP found the creditor-appellant "failed to show exceptional circumstances justifying Rule 60(b)(6) relief" and further found no error in...
- Judge(s):
- Deasy, Finkle, Cary
- Tag(s):
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- Summarized by Sarah Smegal , Hackett Feinberg PC
- 8 years 9 months ago
- Citation:
- Rodriguez v. Banco Popular de Puerto Rico (In re Rodriguez), BAP No. PR 14-003, --- B.R. ----, 2014 WL 4244284 (1st Cir. BAP Aug. 26, 2014)
- Ruling:
- The 1st Cir. BAP DISMISSED as untimely the appeal as to the first two orders appealed from and AFFIRMED as to the third due to the Debtors failure to demonstrate that the Bankruptcy Court for the...
- Judge(s):
- Hillman, Hoffman, Finkle
- Tag(s):
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- Summarized by Sarah Smegal , Hackett Feinberg PC
- 9 years 6 months ago
- Citation:
- BAP Nos. CC-13-1028-PaTa-D, CC-13-1029-PaTaD (Consolidated), 2013 WL 6488276 (B.A.P. 9th Cir. Dec. 10, 2013)
- Ruling:
- The 9th Cir. BAP AFFIRMED the bankruptcy court's judgment denying appellants' motion for new trial and granting judgment in debtors' favor. "[T]he bankruptcy court did not abuse its discretion...
- Judge(s):
- Pappas, Taylor, Dunn
- Tag(s):
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- Summarized by Sarah Smegal , Hackett Feinberg PC
- 9 years 10 months ago
- Citation:
- Leitch v. Christians (In re Leitch), No. 13-6009 (8th Cir. B.A.P. Jul. 16, 2013)
- Ruling:
- The BAP on de novo review AFFIRMED the Bankruptcy Court's determinations that: (1) the Debtor's health savings account ("HSA") was not excluded from the Debtor's bankruptcy estate pursuant to...
- Judge(s):
- Federman, Saladino, Nail
- Tag(s):
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- Summarized by Sarah Smegal , Hackett Feinberg PC
- 9 years 11 months ago
- Citation:
- Garden v. Central Nebraska Housing Corp., et al., No. 12-2344, --- F.3rd ----, 2013 WL 3214982 (8th Cir. Jun. 27, 2013)
- Ruling:
- AFFIRMING the District Court's decision granting Debtors' motion for partial summary judgment, reducing mortgagee's secured claim as to attorney's fees and related costs and awarding sanctions...
- Judge(s):
- Wollman, Gruender, Shepherd
- Tag(s):
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- Summarized by Sarah Smegal , Hackett Feinberg PC
- 10 years 4 months ago
- Citation:
- Van Daele Bros., Inc. v. Thoms (In re Thoms), No. 12-1161 (8th Cir. Feb. 4, 2013) (unpublished opinion)
- Ruling:
- The 8th Circuit Court of Appeals, AFFIRMING the 8th Circuit BAP and N.D. of Iowa Bankruptcy Court, ruled there was no clear error in the Bankruptcy Court’s finding that the creditor failed to...
- Judge(s):
- Loken, Beam, Smith
- Tag(s):
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- Summarized by Sarah Smegal , Hackett Feinberg PC
- 10 years 7 months ago
- Citation:
- In re Borgman, --- F.3d ----, 2012 WL 5201347 (10th Cir. Oct. 23, 2012)
- Ruling:
- The Tenth Circuit REVERSED the BAP and REINSTATED the orders of the Bankruptcy Court disallowing claimed exemptions of tax refunds. "The amount of a federal tax refund equivalent to the...
- Judge(s):
- Tymkovich, Ebel, Holmes
- Tag(s):
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- Summarized by Sarah Smegal , Hackett Feinberg PC
- 10 years 9 months ago
- Citation:
- Cox v. Villani (In re Villani), --- B.R. ----, 2012 WL 3755525 (1st Cir. B.A.P. Aug. 28, 2012)
- Ruling:
- The U.S. Bankruptcy Appellate Panel for the First Circuit REVERSED the U.S. Bankruptcy Court for the District of Massachusetts. The BAP ruled the Bankruptcy Court erred when it ruled in favor of...
- Judge(s):
- Haines, Deasy, Tester
- Tag(s):
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- Summarized by Sarah Smegal , Hackett Feinberg PC
- 10 years 10 months ago
- Citation:
- In re Terry, --- F.3d ----, 2012 WL 3139364 (8th Cir. Aug. 3, 2012)
- Ruling:
- The 8th Circuit Court of Appeals REVERSED the 8th Circuit BAP and the Bankruptcy Court for the Western District of Missouri and REMANDED the case to the Bankruptcy Court for further proceedings...
- Judge(s):
- Wollman, Colloton, Benton
- Tag(s):
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