Bankruptcy Appellate Panel

Kirby v. 21st Mortg. Corp.

Ruling: 
Summary judgment in favor of creditor was affirmed as the post-discharge communicationsdid not improperly coerce or harass the debtor in paying the discharged debt in violation ofdischarge injunction. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-090

Mercado, In re--Miranda v. Banco Popular De P.R.

Ruling: 
Chapter 7 trustee's avoidance complaint was dismissed as unrecorded mortgage was not avalid transfer of property. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on April 17,2019, LexisNexis #0719-018

Rivera, In re--Wiscovitch-Rentas v. Banco Popular De P.R.

Ruling: 
Setoff was not permitted absent the required mutuality for a right to setoff. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on April 30,2019, LexisNexis #0719-021

Catholic Sch. Emples. Pension Trust v. Abreu (Catholic Sch. Emples. Pension Trust)

Ruling: 
Court applied proper standard for eligibility and correctly ruled that the pension trust was notformed primarily for a business purpose. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on April 18,2019, LexisNexis #0719-001

BX Acquisitions, Inc., In re--Eisenberg v. Toledo-Lucas Cty. Port Auth.

Ruling: 
Disputed payments could not be avoided because they were specifically authorized by cashcollateral orders. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on April 19,2019, LexisNexis #0719-004

Blasingame, In re--Church Joint Ventures, L.P. v. Blasingame

Ruling: 
Legal malpractice action based on errors and omissions contained in a bankruptcy petitionwas not a property of debtor's estate as the cause of action arose post-petition. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on April 05,2019, LexisNexis #0619-069

Blasingame, In re--Church Joint Venture, L.P. v. Bedwell

Ruling: 
Trustee's motion to abandon a proceeding to determine if personal property was property ofthe estate was properly granted. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on April 15,2019, LexisNexis #0619-070

Scarbrough, In re--Limor v. Anderson

Ruling: 
Bankruptcy court erred in its decision regarding insolvency where summary judgment recordfailed to prove debtor was insolvent at the time of transfers. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on March 28,2019, LexisNexis #0619-015

Renegar Golf, LLC, In re

Ruling: 
Creditor was required to prosecute his equitable subordination claims in an adversaryproceeding. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on July 24,2019, LexisNexis #0919-058

Bennett, In re--Paddock, LLC v. Bennett

Ruling: 
Court found that the debtors' manufactured home was personal property as the ground leasedid not clearly establish the intent to make the home a permanent accession to the real estateunder state law. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-031

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