, On February 12, 1997 and March 12, 1997, after the bar date, Hulsey filed verified statements pursuant to Rule 2019 indicating that individual class members of the Bonilla Class as defined and certified in the District Court's certification order retained Ness Motley. This appeal followed.
, 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). By agreement of the parties it was transferred to the BAP by order of the District Court in January 1998.
The majority concludes that GMAC's security interest does not extend to any property other than the debtor's single family house and therefore GMAC's claim may not be modified.
In response, the Appellees cross-appeal and request that we issue an order prohibiting the Debtor from filing a petition in bankruptcy for a period of at least a year., For the reasons stated below, we: 1) dismiss as moot the Debtor's motion for a stay pending appeal;
, Boston University School of Dentistry (BU) appeals from the bankruptcy court's entry of summary judgment determining that Ann DePasquale's obligations to it are dischargeable in her Chapter 7 case. And another dictionary defines loan to include an advance, credit, accommodation [or] allowance.
The decision below rests on the premise that a state law exemption, when invoked in bankruptcy proceedings, becomes the platform for bankruptcy law remedies (e.g., § 522(f) lien avoidance) and for the federal fresh start (e.g., § 522(c)), and, therefore, a state may not Such property is
The Court stated:, What the legislature has done in this case is not unlike the situation in bankruptcy wherein creditors must file their claims against a debtor's estate within a relatively short time period in order to have their claims recognized. See Rule of Bankr. Norris Grain Co., 81 B.R.
, The Debtor appeals the bankruptcy court's order sustaining the Chapter 7 trustee's objection to her Massachusetts homestead exemption. Bank v. Silveira (In re Silveira), 141 F.3d 34 (1st Cir.1998) (court of appeals reviewing lien avoidance order without discussion of jurisdiction);
The State Proceeding remains pending in state court. Two days prior to the hearing on the Bidding Procedures Motion, SPHS filed its opposition to them requesting that the Bankruptcy Court abstain from hearing the Bidding Procedures Motion and the Sale Motion pursuant to 28 U.S.C. § 1334(c)(2).
, On February 25, 1997, the bankruptcy court entered an endorsement order stating that: the Debtors shall file a statement indicating whether they intend to retain or surrender the collateral. The Fourth Alternative cases bless the continuing payment option as substantively permissible
actual fraud., In our May 13, 1997 opinion, we stated that [t]he district court judgment makes no delineation between damages incurred by Aetna on account of the Arsenal defendants and damages incurred by Aetna on account of other defendants. 386, 130 L. Ed. 2d 233 (1994) [Bonner Mall].
, Election of a trustee directly impacts the bankruptcy estate and, therefore, its beneficiaries. at 887-88 (observing that the trustee, representing the unsecured creditors, has standing to appeal orders on claim allowance and disposing of estate property, not the [h]opelessly insolvent debtor).
, The Court: Okay., In the case before us, the reason for NMA's failure to file a further written response to the trustee's objection supports its appeal. at 146-47 (applying excusable neglect standard in reviewing orders denying creditors's motion to reconsider or vacate order disallowing claim);
, Ascribing inherent logic to its approach, the Schiff court concluded that, just as he or she would in ruling on a motion to set aside, a trial judge should consider [the good cause factors of Rule 55(c)] in deciding whether to grant a motion for entry of default and to enter a default judgment.
, (3) the difficulty of applicable state law; Although decided before Pacor, the court followed a similar standard in determining whether it had jurisdiction over the matter, noting, [T]he bankruptcy court has jurisdiction to hear all proceedings related to a case filed under the Bankruptcy Code.
, Fleet's appeal of the court's order on Count VI comes within the general rule that orders disposing of fewer than all claims or parties are generally interlocutory and not appealable as of right upon entry. Soto v. Barcelo (In re San Juan Star Co.), 662 F.2d 108, 112 (1st Cir.1981).
, The present case was dismissed on May 14, 1997, and the debtors did not seek a stay of the order of dismissal. 1161, 117 L. Ed. 2d 408 (1992)(a bankruptcy court's denial of all access to bankruptcy relief for 180 days is not reviewable after the 180 days have passed).
v., Robert CARRIGG, Appellee., On July 9, 1996, not knowing that Carrigg had filed for bankruptcy the previous day, STMIMA applied to the Massachusetts Registry of Motor Vehicles for a repossession title for the truck, and on August 8, obtained a title certificate to the vehicle., SO ORDERED.
The Debtor moved for summary judgment, requesting avoidance of the Marsh lien, preservation of that lien for the benefit of the bankruptcy estate, and a declaration that the other asserted liens are void.
, I. Background, A. The Bankruptcy Court's findings of fact, In December, 1989, the Debtor approached Robert Normand, president of SIS, and asked that SIS issue a letter of credit in the amount of $250, 000 in favor of Peoples Heritage Bank (Bank). Field v. Mans, 210 B.R.
