In re Irving Tanning Co., BAP No. EB 12-077, 2013 WL 4400254 (1st Cir. BAP, Aug. 15, 2013)
Ruling:
Section 1123(a)(5), which provides for a plan’s implementation “[n]otwithstanding any otherwise applicable nonbankruptcy law” does not “permit the Debtors to overwrite” state...
In re Rivera, BAP No. PR 12-087 (1st Cir. BAP, June 26, 2013) (per curiam).
Ruling:
Without “need to adopt a particular approach” to the meaning of 11 U.S.C. § 109(g)(2) because the debtor’s actions would satisfy the “mandatory,” “discretionary,” or “causal...
Gentile v. DeGiacomo (In re Gentile), BAP No. MB 12-071 (1st Cir. BAP, May 20, 2013)
Ruling:
By 2-1 decision, the Panel dismissed the debtors’ appeal of a bankruptcy court order granting the chapter 7 trustee’s motion to sell real estate fully-encumbered by a disputed lien for lack of...
Judge(s):
Lamoutte (dissenting), Kornreich (writing for the majority), and Cabán
