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Summaries by Solymar Castillo-Morales
- Citation:
- 19-2074 (1st Circuit, Jul 30,2020) Published
- Case Status:
- Affirmed
- Ruling:
- Upon conversion to chapter 7, the homestead exemption claimed on the original chapter 13 case, maintains the status it held on the day of the filing of the bankruptcy petition.
- Judge(s):
- Thompson, Lipez, and Kayatta
- Tag(s):
-
- Ruling:
- The Circuit Court found that the District Court erred in finding the Pause debt was not discharged in the plaintiff's bankruptcy. The Agreement was deemed rejected as a matter of law under the...
- Judge(s):
- Jill Pryor, Grant and Royal (sitting by designation)
- Tag(s):
-
- Citation:
- 19-1894 (1st Circuit, Apr 09,2020) Published
- Case Status:
- Affirmed
- Ruling:
- The First Circuit affirmed the district court judgment giving due deference to the factfinder's resolution of the burden of proof issue.
- Judge(s):
- Howard, Salya and Lynch
- Tag(s):
-
- 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):
-
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