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Francis, In re

Ruling: 
Debtor's discharge was denied where debtor willfully and intentionally refused to obey courtorders. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on September 10,2019, LexisNexis #1119-044

Old Cold, LLC, In re--Mission Prod. Holdings v. Schleicher & Stebbins Hotels, L.L.C.

Ruling: 
Court did not abuse its discretion in granting a secured creditor relief from the automatic stayas debtor lacked equity in the property at issue. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on June 18,2019, LexisNexis #0819-083

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

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

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

Stevenson v. TND Homes I, LP

Ruling: 
Bankruptcy court's order was affirmed as none of debtor's arguments challenged thebankruptcy court's conclusion that there was unreasonable delay that was prejudicial tocreditors. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on April 30,2018, LexisNexis #0618-056

Cousins Int'l Food, Corp. v. Vidal

Ruling: 
Purchaser of debtor's assets lacked standing to pursue an appeal because the purchaser was not the beneficiary of the automatic stay's protections. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on March 21,2017, LexisNexis #0417-094

Rosado v. Banco Popular de Puerto Rico (In re Rosado)

Ruling: 
Bankruptcy court did not abuse its discretion in denying motion for contempt filed by debtorsas debtors failed to show that creditor's conduct constituted coercion or harassment. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on January 04,2017, LexisNexis #0217-026

Mission Prod. Holdings v. Tempnology LLC (In re Tempnology LLC)

Ruling: 
Bankruptcy court did not err in finding that § 365(n) election did not protect licensee’s rights.(B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on November 18,2016, LexisNexis #1216-070

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