1st Circuit

Suit for Injunction Held Not to Violate PROMESA, Puerto Rico’s Workout Statute

Automatic stay not violated without an attempt to collect a claim, Puerto Rico Judge holds.

Banks Admonished to File Foreclosure Deeds Promptly, or Else

Requiring prompt filing of a foreclosure deed is not absurd, Massachusetts judge says.

Massachusetts District Judge Nixes Notion of Forced Vesting in Chapter 13

District judge hopes novel theories of equity will permit forced vesting.

Assets Are Sold Free & Clear of Debtor’s Insurance Experience Rating

New Hampshire judge follows the First Circuit BAP in keeping down a buyer’s insurance premiums.

PROMESA Is No Clone of the Bankruptcy Code, First Circuit Says

On stay modification, secured creditors shoulder the entire burden.
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Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation

First Circuit requires attempt to collect to prove a discharge injunction violation.
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Cutting Off Medicare Funding Is Exempt from the Automatic Stay, First Circuit Says

First Circuit declines to take sides in circuit split over jurisdiction in Medicare disputes.
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First Circuit BAP Rejects Lubrizol on Rejection of Trademark Licenses

Boston BAP sides with Seventh Circuit, holding that trademark licenses survive rejection.
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Puerto Rico Beats Back Another Attack by Holders of Defaulted Bonds

Judge in Puerto Rico is forcing holders of defaulted bonds to negotiate, not litigate.

PROMESA’s and Bankruptcy Code’s Automatic Stay Are Similar, Not Identical

Temporary diversion of collateral doesn’t require ‘adequate protection,’ Puerto Rico Judge says.

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