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Summaries by Michael Sugar

Baker v. Harrington (In re Hoover)

Citation:
No. 15-2384 (1st Cir.)
Ruling:
The court affirmed the bankruptcy court's sanction against the Debtor's attorney for twice describing applicable law in a misleading way. The appeals court found that the Bankruptcy Court had not...
Judge(s):
Lynch, Kayatta, and Barron
Tag(s):

Sheedy v. Deutsche Bank National Trust Co. (In re Sheedy)

Citation:
Sheedy v. Deutsche Bank National Trust Company et al. (In re Sheedy) 14-1246
Ruling:
The Court ruled that Laura Sheedy (the "Debtor") Truth in Lending Act claim for rescission was time barred because refinancing occurred in 2004 and the Debtor did not bring a claim under TILA until...
Judge(s):
Howard, Torruella and Kayatta
Tag(s):

Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.)

Citation:
Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.) No 14-1276
Ruling:
The Court affirmed that bankruptcy court's finding that defendant Randall Fincke ("Fincke") had solicited investments in Access Cardiosystems, Inc.'s ("Debtor") by means of a material misstatement,...
Judge(s):
Lynch, Howard & Barron
Tag(s):

Desmond v. Green

Citation:
Desmond v. Green, (In re Harborhouse of Gloucester, LLC) BAP No. MB 14-013, MB 14-014
Ruling:
The BAP upheld the bankruptcy court ruling that because a note secured by a mortgage had been lost, Green, the purported holder of the lost note and mortgage (through transfer) had no right to...
Judge(s):
Lamoutte, Deasy and Kornreich
Tag(s):

Moushigian v. Marderosian

Citation:
Moushigian v. Marderosian, No. 13-2295 (1st Cir)
Ruling:
The First Circuit affirmed the bankruptcy court's determination that the Marderosians' discharge barred Moushigian from further prosecution of his state court action. The First Circuit determined...
Judge(s):
Howard, Kayatta, McCafferty (sitting by designation).
Tag(s):

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