First Circuit Dismisses as Moot Even Though the Appeal Dealt with Payment of Money
Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.
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In ‘Related To’ Jurisdiction, District Court Applies the Bankruptcy Rules, Circuit Says
If the district court is adjudicating a suit with “related to” jurisdiction under 28 U.S.C. § 1334(b), the district court applies the Bankruptcy Rules, not the Federal Rules, the First Circuit says.
Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.
First Circuit Issues a Landmark Opinion on Valuation of Disputed Claims
The value of a disputed claim is proven by showing the likely validity of the claim and the likelihood of recovery, not just by establishing the possible damages.
Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says
Perplexing opinion may only apply to the status of assets before bankruptcy.
Judge Name - Do not use it.
Bruce M. Selya
In Dischargeability, No Disclosure Required if Not Requested
Sometimes, failure to disclose material facts is not misleading.
Judge Name - Do not use it.
Bruce M. Selya