The partial summary judgment order was not final when it was entered, but became final when the Bankruptcy Court, *647 in its subsequent orders, awarded damages to Antonio and Sofia. We also conclude that the Bankruptcy Court erred in denying the Debtors' claim for attorneys' fees and costs.
On October 24, 2002, the bankruptcy court issued an order granting summary judgment in part to the Debtor and limiting Maroun's lease rejection damages to $413, 176.08. Great Atlantic and Pacific Tea Co., Inc. v. Yanofsky, 380 Mass. 326, 403 N.E.2d 370, 375 (1980); Dale, 136 F.3d at 850.
The trustee filed a motion to quash the notice and order. Stay Motion, As set forth above, in denying the Levy Motion, the bankruptcy court found that MDOR's liens were invalid since the subject funds were in custodia legis and, consequently, the Trustee was impervious to levy.
The bankruptcy court noted that the evidence established only that Gavin incurred a debt to Fleet, and that Sovereign allegedly assigned that claim to Premier., NOTES, [1] Federal Rule of Civil Procedure 52 is made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 7052.
, RAD Investments, LLC and Robert A. Dilanni (Defendants) appeal from the March 18, 2004, orders of the United States Bankruptcy Court for the District of New Hampshire: (1) denying their request for an extension of time to file an appeal from a final default judgment; 60(b) (Rule 60(b)).
[3] Cambio timely appealed. In Thrall, the bankruptcy court examined the Bankruptcy Code and Federal Rules of Bankruptcy Procedure and concluded that while bankruptcy courts have jurisdiction to decide dischargeability complaints, they are not authorized to enter money judgments. Hamilton, 282 B.R.
JURISDICTION, A bankruptcy appellate panel may hear appeals from final judgments, order and decrees [pursuant to 28 U.S.C. § 158(a)(1)] or with leave of the court, from interlocutory orders and decrees [pursuant to 28 U.S.C. § 158(a)(3)]. 1504, 84 L. Ed. 2d 518 (1985);
, United States Bankruptcy Appellate Panel of the First Circuit. Rule 4007(c) allows the bankruptcy court no discretion to extend the period to object to the dischargeability of a debt when the Motion was filed after the time has expired even if the Appellant had established excusable neglect.
Invoking Bankruptcy Code § 544(b)[1] and Massachusetts law, Nickless, with the aim of recovering the property's value for the benefit of Lorraine's creditors, filed a two page complaint seeking to avoid the transfer. but failure so to amend does not affect the result of the trial of these issues.
v., Roberta Golden and David M. Nickless, Appellees. Before us, too, is Trustee Nickless's motion seeking sanctions against Great Road's attorney for prosecuting a frivolous appeal. To succeed in challenging bankruptcy court fee awards, an appellant must demonstrate the award was clearly erroneous.
1026, 103 L. Ed. 2d 290 (1989) (quoting Caminetti v. U.S., 242 U.S. 470, 485, 37 S. Ct. In re Pena, 155 F.3d at 1108;CONCLUSION, The Bankruptcy Court did not err in determining that four of the seven student loans held by ECMC would constitute an undue hardship for her if not discharged.
Because Marrama is concededly the Trust's settlor, we conclude that the power of revocation resided in him and that the bankruptcy court correctly determined that the power was within Marrama's bankruptcy estate and exercisable by the Chapter 7 trustee. See TI Fed. George, 665 F.2d at 8.
311 B.R. 835 (2004), In re Brenda D. SAVAGE, Debtor., Educational Credit Management Corporation, Appellant v., Brenda D. Savage, Appellee., BAP No. MB 04-004. Bankruptcy No. 03-11025-CJK. Adversary No. 03-01367., United States Bankruptcy Appellate Panel of the First Circuit., July 22, 2004.
818 F.2d at 110. The bankruptcy court stated that there is an obligation on the part of people who file schedules in bankruptcy cases to get it right and there is a major presumption of bad faith when you have a grantor trust within a year of the bankruptcy and the property is not disclosed.
The moving party simply cannot use a motion for relief from judgment to offer new evidence that could and should have been presented originally to the court.CONCLUSION, Aguiar filed an untimely appeal of the bankruptcy court's order granting Interbay in rem relief from the automatic stay.
In March 1999, at Fleury's § 341 meeting, she answered questions about the Wynn Wynn issue. Fleury appealed those findings and on July 12, 2002, filed her second Chapter 13 petition (Petition II) to establish that any debt to Carmichael was discharged, and to pay her student loans.
, HILLMAN, Bankruptcy Judge. They argue that since the Divorce Court denied relief to Ms. Haase prior to the Debtor filing his petition, she had no pre-petition spousal support claim cognizable under 11 U.S.C. § 502(b)(5). The issue is very much in doubt. Davis v. Cox, 356 F.3d 76 (1st Cir.2004).
Accordingly, the bankruptcy court ordered him to pay damages of $1, 200. Furthermore, as discussed above, a state court judgment issued prior to the filing of the bankruptcy case is res judicata in the bankruptcy case, and the debtor may not relitigate issues already decided by the state court.
