1st Circuit | ABI Volo - Circuit Court opinion summaries

1st Circuit: Keach v. New Brunswick Southern Railway Co. Ltd.

LHARRINGTON@NIXONPEABODY.COM — Tue, 25 Oct 2016 20:28:00 +0000

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Citation:

Robert Keach, Chapter 11 Trustee v. New Brunswick Southern Railway Co. Ltd et al. (In re Montreal, Maine & Atlantic Railway, Ltd.), BAP No. 16-015 (Oct. 21, 2016)

Ruling:

The United States Bankruptcy Appellate Panel for the First Circuit affirmed the ruling of the bankruptcy court that certain claims for interline rail services were entitled to priority treatment under Section 1171(b) of the Bankruptcy Code.

Judge(s):

Judge Joan N. Feeney, Judge Bruce Harwood and Judge Michael Deasy

1st Circuit: Mission Product Holdings, Inc. v. Old Cold, LLC

cng@brbilaw.com — Wed, 26 Oct 2016 20:52:05 +0000

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Citation:

Mission Product Holdings, Inc. v. Old Cold, LLC, 1st Cir. Bankr. App. Panel app. I

Ruling:

The Bankruptcy Appellate Panel for the First Circuit affirms the bankruptcy court's order approving the sale of substantially all of the assets of Debtor.

Judge(s):

Lamoutte, Hoffman, and Cary

1st Circuit: Premier Capital, LLC v. Crawford (In re Crawford)

WAMANN@CDA-LAW.COM — Mon, 24 Oct 2016 20:52:12 +0000

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Citation:

BAP No. 16-1285 for USCA First Circuit

Ruling:

Affirmed the district court's ruling on the § 727(a)(4)(A) claim; therefore, we do not reach the merits of the § 727(a)(2)(A) claim.

Judge(s):

Before J. Thompson, J. Barron and J. McConnell (sitting by designation). Appeal from the USDC-Massachusetts, J. Sorokin.

1st Circuit: Hannon v. ABCD Holdings, LLC (In re Hannon)

GMOSS@RIEMERLAW.COM — Tue, 11 Oct 2016 20:59:53 +0000

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Citation:

United States Court of Appeals for the First Circuit, No. 15-2269, October 7, 2016

Ruling:

Affirming the district court's affirmance of the bankruptcy court's entry of summary judgment denying the Debtor's discharge under 11 U.S.C. sec. 727(a)(4)(A), the First Circuit examined the standards applicable to section 727(a)(4)(A). It stated that thereunder a debtor can be ...

Judge(s):

Judges Kayatta, Barron and McAuliffe

1st Circuit: Perez v. Deutsche Bank National Trust Co.

cng@brbilaw.com — Thu, 29 Sep 2016 21:07:42 +0000

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Citation:

___ B.R. ___ (1 st. Cir BAP 2016) BAP NO. MS 16-007

Ruling:

The Bankruptcy Appellate Panel affirms the bankruptcy court's ruling that a postponement of a foreclosure sale did not violate the automatic stay. The BAP maintains the First Circuit approach that the postponements served the purpose of preserving the status quo ...

Judge(s):

Lamoutte, Deasy and Cary.

1st Circuit: Privitera v. Curran

WAMANN@CDA-LAW.COM — Tue, 20 Sep 2016 20:55:28 +0000

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Citation:

1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP

Ruling:

AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's motion to amend the Complaint was denied.

Judge(s):

Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.

1st Circuit: Andover Covered Bridge, LLC v. Harrington

GMOSS@RIEMERLAW.COM — Tue, 20 Sep 2016 20:50:01 +0000

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Citation:

United States Bankruptcy Appellate Panel for the First Circuit, No. EP 16-005, July 31, 2016

Ruling:

Affirming the dismissal of a Chapter 11 proceeding, the First Circuit BAP examined the serial components of a motion to dismiss or convert under sec. 1112 of the Code. First, a court must examine if "cause" exists. Here cause existed ...

Judge(s):

Feeney, Godoy, and Harwood

1st Circuit: United Surety & Indemnity Co. v. Lopez-Munoz

LHARRINGTON@NIXONPEABODY.COM — Tue, 20 Sep 2016 20:47:41 +0000

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Citation:

United Surety & Indemnity Co. v. Pedro Lopez-Munoz (In Re Pedro Lopez-Munoz), 1st Cir. BAP No. PR16-011, Bankr. Case No. 13-08171-EAG (July 28, 2016)

Ruling:

Despite the debtor's initial failure to disclose certain prepetition transfers and schedule certain assets, the court denied a creditor's motion to appoint a chapter 11 trustee when the debtor explained, and corrected his failures in a manner sufficient to satisfy ...

Judge(s):

Judges Francis Bailey, Diane Finkle and Michael Fagone

1st Circuit: United Surety & Indemnity Co. v. Puerto Rico Electric Power Authority

cng@brbilaw.com — Tue, 20 Sep 2016 20:52:55 +0000

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Citation:

____B.R. ____ (B.A.P. 1st Cir. 2016).BAP NOS. PR 15-046

Ruling:

The Bankruptcy Appellate Panel affirms the judgment on voluntary dismissal of Debtor's adversary case against PREPA and declines to consider USIC's appeals from the interlocutory orders.

Judge(s):

Bailey, Finkle and Fagone

1st Circuit: Andover Covered Bridge, LLC v. Harrington

WAMANN@CDA-LAW.COM — Tue, 20 Sep 2016 20:42:46 +0000

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Citation:

Bankruptcy Case No. 15-20489-PGC, BAP No. EP 16-005

Ruling:

AFFIRMED.

Judge(s):

Feeney, Godoy and Harwood

1st Circuit: Harris v. Scarcelli (In re Oak Knoll Associates, L.P.)

LHARRINGTON@NIXONPEABODY.COM — Mon, 22 Aug 2016 21:14:07 +0000

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Citation:

Harris v. Scarcelli et al. Case No. 15-2189, United States Court of Appeals for the First Circuit (August 19, 2016)

Ruling:

The First Circuit affirmed summary judgment ruling of lower courts against a real estate broker who failed to demonstrate that he was entitled by contract or in equity under the Bankruptcy Code to a broker's commission in connection with a ...

Judge(s):

Jeffery R. Howard, Chief Judge Juan R. Torruellla, Circuit Judge David J. Barron, Circuit Judge

1st Circuit: Privitera v. Curran

DAVID@BOSTONBANKRUPTCY.ORG — Thu, 11 Aug 2016 21:07:52 +0000

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Citation:

BAP No. MW 15-051

Ruling:

Order dismissing dischargeability adversary proceeding affirmed.

Judge(s):

Lamoutte, Deasey (author) and Cary

1st Circuit: United Surety & Indemnity Co. v. Puerto Rico Electric Power Authority

WAMANN@CDA-LAW.COM — Thu, 11 Aug 2016 21:04:12 +0000

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Citation:

BAP NOS. PR 15-046, PR 15-048, Bankruptcy Case No. 08-07752-BKT, Adversary Proceeding No. 09-00258-BKT

Ruling:

We AFFIRM the Judgment of Dismissal and decline to consider USIC’s appeals from the Interlocutory Orders. We lack jurisdiction to hear PREPA’s cross-appeal and so that crossappeal is DISMISSED.

Judge(s):

Before Bankruptcy Judges Bailey, Finkle and Fagone

1st Circuit: United Surety & Indemnity Co. v. Lopez-Munoz

cng@brbilaw.com — Mon, 01 Aug 2016 20:40:49 +0000

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Citation:

United Surety & Indemnity Co. v. Lopez-Munoz, ___ B.R. ___ (B.A.P. 1st Cir. 2016)

Ruling:

The Bankruptcy Appellate Panel for the First Circuit affirms the bankruptcy court's determination to deny the request for appointment of a chapter 11 trustee.

Judge(s):

Bailey, Finkle and Fagone

1st Circuit: Andover Covered Bridge, LLC v. Harrington

SUGARM01 — Wed, 27 Jul 2016 20:33:01 +0000

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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 determining that the Debtor's failure to timely file monthly operating ...

Judge(s):

Feeney, Godoy, and Harwood