April 23, 2024
Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.
1st Circuit, Massachusetts
December 13, 2023
The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.
1st Circuit
September 14, 2023
Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.
1st Circuit, Massachusetts
August 30, 2023
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.
1st Circuit
March 03, 2023
Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.
1st Circuit
March 01, 2023
Disputed facts can defeat invocation of judicial estoppel on summary judgment.
1st Circuit
August 08, 2022
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
1st Circuit
July 21, 2022
Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.
1st Circuit
May 24, 2022
Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived
1st Circuit
May 23, 2022
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
1st Circuit
