Summarized by Michael Sugar , Commonwealth of Massachusetts
9 years 7 months ago
Citation:
BAP No. 16-005
Ruling:
The BAP affirmed the Bankruptcy Court's dismissal of the Andover Covered Bridge, LLC's (the "Debtor") case. The BAP determined that the Bankruptcy Court had not committed clear error in...
Summarized by Michael Sugar , Commonwealth of Massachusetts
9 years 8 months ago
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...
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 6 days ago
Citation:
No 15340
Ruling:
The Court ruled that Creditor 50 Thomas Patton Drive ("Patton Drive")'s claim was not contingent as to liability or the subject of a bona fide dispute as to liability or amount and Patton Drive...
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 1 month ago
Citation:
No. 15-9005
Ruling:
The Appellate Court upheld the Bankruptcy Court's decision denying the Debtor his discharge on the grounds that the Debtor had not adequately explained the loss of assets before bankruptcy and had...
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 2 months ago
Citation:
BAP NO. PR 14-067 (1st Cir. B.A.P. December 4, 2015)
Ruling:
The Bankruptcy Appellate Panel for the First Circuit affirmed the Bankruptcy Court's finding that it did not have jurisdiction over real property and that the automatic stay did not protect the...
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 6 months ago
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...
Summarized by Michael Sugar , Commonwealth of Massachusetts
10 years 10 months ago
Citation:
BAP Nos. PR 14-027, PR 14-35
Ruling:
The Bankruptcy Appellate Panel ("BAP") upheld the Bankruptcy Court's dismissal of David Efron's (the "Debtor") bankruptcy case. The BAP determined that the Bankruptcy Court had not abused its...
Summarized by Michael Sugar , Commonwealth of Massachusetts
11 years 1 month ago
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,...
Summarized by Michael Sugar , Commonwealth of Massachusetts
11 years 2 months ago
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...
Summarized by Michael Sugar , Commonwealth of Massachusetts
11 years 6 months ago
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).
