First Circuit Leaves Bankruptcy Court Orders Intact Despite Moot Appeal Ordinarily, when a civil case becomes moot pending appeal, the judgment below
Ordinarily, when a civil case becomes moot pending appeal, the judgment below is vacated and remanded with instructions to dismiss.
1st Circuit BAP: Improperly Elected Board of Directors Could Not Authorize Bankruptcy Petition
Authorize Bankruptcy Petition The U.S. Bankruptcy Court for the District of Massachusetts did not clearly err in finding that the board of directors...
Chapter 11 Case Dismissed Post-confirmation Due to Debtor’s Inability to Start Payments
Start Payments In In re Lebrón Vagu, No. 18-05805 (Bankr. D.P.R. July 21, 2023), Judge González of the U.S. Bankruptcy Court for the District of Puerto Rico granted the U.S.
First Circuit BAP Upholds Disallowance of Claim Based on Settlement Agreement and Rejects Fraudulent Inducement
Agreement and Rejects Fraudulent Inducement The Bankruptcy Appellate Panel for the First Circuit upheld the disallowance of a claim filed by Bonni...
Judge Lamoutte: Bankruptcy Court Lacks Jurisdiction Over Breach of Contract Claim Based on Interest Owed on “Pass-Through” Claim
Contract Claim Based on Interest Owed on “Pass-Through” Claim A creditor’s action to collect interest owed on a pre-petition pass-through claim from...
Judge González (Bankr. D.P.R.) Denies Debtor’s Request to Use Cash Generated by Post-petition Rent
Generated by Post-petition Rent A recent bankruptcy decision out of the District of Puerto Rico shows just how hard it is to reorganize for a debtor...
Request to Appeal Non-Final Discharge Violation Order Denied Due to Failure to Address Existence of Substantial Ground for Difference of Opinion
Failure to Address Existence of Substantial Ground for Difference of Opinion Years after receiving a discharge.
Receiver Not Excused From Obligation to Turn Over Property to Debtor The appointment of a receiver can be an effective remedy under state law
The appointment of a receiver can be an effective remedy under state law to protect a secured creditor’s collateral.
Does the automatic stay prevent automatic transfer of ownership of
pawned property once the redemption period expires? For the uninitiated, the pawnbroking business has some surprising features.
First Circuit Court of Appeals Upholds Denial of Discharge Based on Failure to Keep Records If you're considering filing for bankruptcy, make sure
Failure to Keep Records If you're considering filing for bankruptcy, make sure that you have financial records which allow for an adequate evaluation...
Bankruptcy Court Holds That a Lien Constituted Under the Puerto Rico Condominium Act for an Apartment Owner’s Liability for Common Expenses Is Not
Condominium Act for an Apartment Owner’s Liability for Common Expenses Is Not a Security Interest Until Registered Judge Enrique S. Lamoutte of the U.S.
Bondholders waived their right to a hearing on stay relief by accepting litigation schedule
litigation schedule Sometimes one has to object to the point of risking alienating the district judge in order to prevent waiver of the argument...
Debtor’s Failure to Explain Loss of Assets Leads to Denial of Discharge
Two debtors were denied a discharge under Section 727(a)(5) of the Bankruptcy Code after failing to satisfactorily explain the loss of $446,897.00...