Bankruptcy Appellate Panel of the First Circuit Court Cases

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  1. In Re Bank of New England Corp. (1998)

    Fleet Data Processing Corporation ("Fleet") appeals from the bankruptcy court's order granting summary judgment against it, and in favor of the Chapter 7 trustee, on Count VI of the trustee's complaint. By its order, the court determined that Fleet was obligated to indemnify the trustee for the estate's liability, if any, to SEI Corporation ("SEI") and for the trustee's costs and attorneys' fees associated with defense and satisfaction of the SEI claim. The remaining counts of the trustee's [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MB 97-054
  2. In Re Kibbe (2007)

    The debtor, Karen Kibbe (the "Debtor"), appeals from the bankruptcy court's order denying confirmation of her Chapter 13 plan. The issue on appeal is whether the bankruptcy court properly determined how to calculate a below-median income debtor's "projected disposable income," as that term is employed in 1325(b)(1)(B) of the Bankruptcy Code.[1] The resolution of this question turns on whether (and/or how) the term "projected disposable income" differs from the unmodified term "disposable [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. 06-019, Bankruptcy No. 06-10012-MWV
  3. In Re George E. Bumpus, Jr. Const. Co., Inc. (1998)

    Plaintiffs Paul Boylan and S. Elaine McChesney appeal the bankruptcy court's entry of summary judgment against them on their claims against the National Credit Union Administration (NCUA). For the reasons set forth below, we dismiss the appeal for lack of appellate jurisdiction.


    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP Nos. MB 98-011, MB 98-012
  4. In Re Mann (2000)

    Billings and Cheryl Mann (the "Debtors"), debtors in a bankruptcy case pending in the United States Bankruptcy Court for the District of Rhode Island, have two mortgage liens on their principal residence. The value of the residence is insufficient to cover the balance on the first mortgage. The Debtors' Chapter 13 plan treats the second mortgage as wholly unsecured and then voids or strips off[1] that lien. The bankruptcy court confirmed the Debtors' plan over the objection of Domestic Bank [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: RI 99-059
  5. In Re Cabral (2002)

    This matter is before the Panel on an appeal from an order of the United States Bankruptcy Court for the District of Massachusetts (the "Bankruptcy Court") allowing the Opposition of Stephen E. Shamban, Chapter 7 Trustee, to Debtor's Notice of Conversion to Chapter 13 Combined with Motion for Reconsideration (the "Opposition"), and reconverting the Debtor's Chapter 13 proceeding to a Chapter 7 proceeding. On appeal, the Debtor/Appellant, Nanette Cabral (the "Debtor"), questions, among other [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MB 02-031, Bankruptcy No. 02-11945-JNF
  6. In Re Heghmann (2004)

    The debtor, Beatrice Heghmann, appeals from the bankruptcy court's August 19, 2003 order regarding her Motion for Contempt against Ronald Indorf and Djamel Hafiani, and her Motion for an Order Implementing the Automatic Stay. In the first motion, the debtor sought a finding of contempt against Appellee Djamel Hafiani and his attorney, Ronald Indorf, for alleged violations of the automatic stay. The second motion sought an order allowing the debtor to return to her previous residence and [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. 03-073. Bankruptcy No. 03-12162-MWV
  7. In Re Bentley (2001)

    In their Chapter 13 plan, the Debtors proposed to pay their nondischargeable student loan obligations in full but to pay all other nonpriority unsecured claims — all of which were eligible to be discharged upon completion of the plan payments — a dividend of only three percent. The Debtors argued that such disparate treatment was justified by their desire to emerge from bankruptcy free of all prepetition debt. Upon objection by the Chapter 13 Trustee, the bankruptcy court disagreed and denied [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: RI 00-109
  8. In Re Leicht (1998)

    Bruin Portfolio, LLC ["Bruin"] appeals the bankruptcy court's order avoiding its judicial lien on Gregory and Sara Leicht's ["Leicht"] residence. After considering carefully Bruin's challenges to the order, we affirm.


    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MW 97-067
  9. In Re Santa Clara County Child Care Consortium (1998)

    This is an appeal of the bankruptcy court's decision remanding the adversary proceeding to the state court and denying the petition to transfer venue to the United States Bankruptcy Court for the District of California, where debtor's bankruptcy case is pending. Generally, a bankruptcy court's conclusions of law are reviewed de novo, In re S.P.M. Mfg. Corp., 984 F.2d 1305 (1st Cir.1993), while findings of fact are reviewed for abuse of discretion. In re G.S.F. Corp., 938 F.2d 1467 (1st [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MB 97-079
  10. In Re Hot Tin Roof, Inc. (1997)

    Arthur D. Smith, Esq., former counsel to Chapter 11 debtor Hot Tin Roof, Inc. ("HTR"), appeals from an order of the Bankruptcy Court denying Smith's application for fees and requiring him to disgorge all fees received in connection with the case on or after April 1, 1994. The Bankruptcy Court found that (1) at the time the petition was filed, Smith was not a disinterested person within the meaning of 11 U.S.C. § 327(a)[1] and Fed.R.Bankr.P. 2014(a),[2] and (2) Smith failed to disclose his [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MB 96-033
  11. In Re Savage (2004)

    Educational Credit Management Corporation ("ECMC") appeals from an order of the United States Bankruptcy Court for the District of Massachussetts discharging all but $3,120 of the debtor's student loan obligations to ECMC under 11 U.S.C. § 523(a)(8). Because we conclude that the Debtor did not sustain her burden of establishing that excepting the debt from discharge would impose an undue hardship, we REVERSE the descision of the bankruptcy court.


    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MB 04-004. Bankruptcy No. 03-11025-CJK. Adversary No. 03-01367
  12. In Re Rudler (2008)

    The issue presented in this appeal is— when calculating "means test" eligibility, is it permissible to deduct payments due to secured creditors to whom the debtor intends to surrender the secured property? The United States Trustee (the "UST") disagrees with the conclusion of the United States Bankruptcy Court for the District of New Hampshire ("bankruptcy court") denying the UST's motions to dismiss the captioned cases for abuse under § 707(b)(1).[1] Before the bankruptcy court and on [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP Nos. 07-015, 07-019. Bankruptcy Nos. 06-10982-MWV, 06-10809-MWV
  13. In Re Moorhead Corp. (1997)

    Maria Hill, a former principal of debtor Moorhead Corporation, appeals from the bankruptcy court's approval of the trustee's motion to compromise the estate's claim against the Friends of Russells Mills (FORM). For the reasons set forth below, we affirm.


    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MW 96-053
  14. In Re Fili (2001)

    Factors Funding Co. appeals the bankruptcy court's orders disallowing its secured proof of claim based on confirmation of a Chapter 13 plan expressly providing: "The alleged secured claim of Factors Funding, Inc. is hereby discharged as there is no underlying obligation." For the reasons set forth below, we affirm.


    Court: Bankruptcy Appellate Panel of the First Circuit Docket: MW 00-072
  15. In Re Maloni (2002)

    The issues on appeal are: (a) whether the bankruptcy court erred in vacating and setting aside the order avoiding the judicial lien of Appellee Fairway Wholesale Corporation ("Fairway"); (b) whether the bankruptcy court erred in denying the request of Appellant John J. Maloni ("Maloni") for an evidentiary hearing, thus depriving Maloni of his right to due process; and (c) whether the imposition of sanctions is warranted because the appeal is frivolous.


    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MB 01-055. Bankruptcy No. 96-40111-HJB
  16. In Re Fantasia (1997)

    The debtors filed a Chapter 13 plan and a creditor objected. A non-evidentiary hearing was held and the bankruptcy court amended and confirmed the plan. The creditor alleges that the evidence was insufficient to support a finding that the plan was feasible. After reviewing the pertinent case law and the facts of this case, we find that the bankruptcy court abused its discretion by confirming the debtors' Chapter 13 plan.


    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MW 96-072
  17. In Re Aoki (2005)

    This matter is on appeal from an order of the bankruptcy court (1) denying a discharge to the debtors pursuant to 11 U.S.C. § 727(a)(5), and (2) finding the debt owed to Atto Corporation to be nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). On appeal, the debtors challenge: (1) the bankruptcy court's decision to pierce the corporate veil of Byroma Engineering, Inc., to hold the debtors personally liable for the corporation's debts; (2) the bankruptcy court's determination that the debt [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MW 04-029, Bankruptcy No. 03-41386-JBR, Adversary No. 03-4164
  18. In Re Correia (2011)

    Paul R. Correia and Tammie L. Correia (the "Debtors") appeal from the bankruptcy court's decision awarding summary judgment to Deutsche Bank National Trust Company, as Trustee Under the Pooling and Servicing Agreement Series ITF INABS-2005-A ("Deutsche Bank"). The Debtors had initiated an adversary proceeding seeking to set aside Deutsche Bank's post-petition foreclosure of their home. The bankruptcy court concluded that the Debtors were without standing to challenge Deutsche Bank's compliance [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MB 10-064. Bankruptcy Nos. 07-10280-WCH. Adversary No. 08-01359-WCH
  19. In Re Markarian (1998)

    This opinion is the second in what has become an extensively litigated issue spanning approximately nine years. We see no need to reiterate a majority of the facts involved and refer interested parties to the facts set forth in this Panel's first opinion dated May 13, 1997. See Aetna Cas. and Sur. Co. v. Markarian (In re Markarian), 208 B.R. 249 (1st Cir. BAP 1997). This opinion is the Panel's second in relation to this matter, which, to the extent it is inconsistent as indicated herein, [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MW 96-031, Bankruptcy No. 95-40961-JFQ, Adversary No. 95-4130-JFQ
  20. In Re Finn (1997)

    The Federal Deposit Insurance Corporation ("FDIC") has appealed an order of the United States Bankruptcy Court for the District of Massachusetts avoiding its liens in full pursuant to 11 U.S.C. § 522(f) as impairing the Debtor-Appellee's exemption in residential property located in Dover, Massachusetts, which is owned by the Debtor-Appellee and her spouse as tenants in the entirety. The Bankruptcy Appellate Panel has jurisdiction over this appeal pursuant to 28 U.S.C. § 158. We review [...]

    Court: Bankruptcy Appellate Panel of the First Circuit Docket: BAP No. MB 96-067

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