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Summaries by Solymar Castillo-Morales
- Ruling:
- The bankruptcy court misapplied the standard for fraudulent intent under § 523(a)(2)(A) -- best articulated by our decision in Palmacci v. Umpierrez, 121 F.3d 781 (1st Cir. 1997) -- which it was...
- Judge(s):
- Howard, Torruella, Seyla
- Tag(s):
-
- Citation:
- 18-2001 (1st Circuit, Oct 29,2019) Published
- Case Status:
- Affirmed
- Ruling:
- The Court of Appeals rejected the PIEC's challenge to the bankruptcy court's conclusion that their attempt to assert unjust enrichment claims is an attempt to exercise "control" over the Avoidance...
- Judge(s):
- Lynch, Selya and Barron
- Tag(s):
-
- Citation:
- 2018-2014 (Federal Circuit, Aug 01,2019) Published
- Case Status:
- Affirmed
- Ruling:
- The Court of Appeals for the Federal Circuit confirmed the dismissal of the complaint because of lack of jurisdiction and, because, as to the claims alleging coercion, the statute of limitations...
- Judge(s):
- Newman, Lourie and Dyk
- Tag(s):
-
- Citation:
- 17-1971, 17-1972 (1st Circuit, Apr 24,2019) Published
- Case Status:
- Affirmed
- Ruling:
- The Court of Appeals affirms the dismissal of the involuntary petition, as determined by the Bankruptcy Court. for want of a third petitioner.
- Judge(s):
- Howard, Thompson and Kayatta
- Tag(s):
-
- Ruling:
- The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...
- Judge(s):
- Lynch, Thompson and Baron
- Tag(s):
-
- Ruling:
- The Court of Appeals agreed with the holding that the 2008 Financing Statements did not perfect the Bondholders' security interest in the Pledged Property, but determined that Bondholders met the...
- Judge(s):
- Lynch, Stahl and Kayatta
- Tag(s):
-
- Citation:
- 18-1573 (1st Circuit, Dec 12,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Section 363(c)(3)(A) terminates the entire stay thirty days after the filing of a second petition-- as to the actions against the Debtor, the debtor's property, and property of the bankruptcy...
- Judge(s):
- Lynch, Stahl and Barron
- Tag(s):
-
- Citation:
- 17-1463 (1st Circuit, Nov 15,2017) Published
- Case Status:
- Affirmed
- Ruling:
- The Court of Appeals affirms the bankruptcy court's determination to deny Debtor a chapter 7 discharge on grounds that she made material knowing, and fraudulent false oaths in the course of her...
- Judge(s):
- Lynch, Stahl and Barron
- Tag(s):
-
- Citation:
- BAP NO. MB 16-046 (1st Circuit, Aug 23,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- The Bankruptcy Appellate Panel found no error or abuse of discretion in any of the orders of the Bankruptcy Court. Therefore affirmed all the issues on Appeal.
- Judge(s):
- Deasy, Cary and Fagone
- Tag(s):
-
- Citation:
- BAP NOS. PR 16-053, PR 16-056. Bank. Case No. 13-02800-MCF (1st Circuit, Jun 16,2017) Published
- Case Status:
- Reversed and Remanded
- Ruling:
- The bankruptcy court made erroneous factual findings and committed a legal error with respect to the threshold issue of whether there was a valid, binding, and enforceable settlement agreement...
- Judge(s):
- Feeney, Finkle and Fagon
- Tag(s):
-
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