Legal Opinion

Banco Cooperativo de P.R. v. Herrera (In re Herrera)

Bankruptcy Appellate Panel of the First Circuit

Decided October 3, 2018No. BAP NO. PR 17-024; Bankruptcy Case No. 15-02987-MCF; BAP NO. PR 17-025; Adversary Proceeding No. 16-00280-MCFPublishedCited by 6 opinions

1Opinion of the Court

Fagone, U.S. Bankruptcy Appellate Panel Judge.

These companion appeals arise out of a creditor's efforts to deny, delay, or limit a chapter 7 debtor's discharge. A discharge, *448the creditor feared, would preclude continuation of its efforts to elevate an unsecured claim to a secured claim by obtaining a lien on the debtor's principal residence. The bankruptcy court issued an order dismissing the creditor's complaint in its entirety and a separate order granting the debtor a discharge, and the creditor appealed both orders. To the extent the creditor sought to deny the debtor a discharge, the…

2Cases cited31 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Kontrick v. RyanSupreme Court of the United States · 2004
  4. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  5. Johnson v. Riverside Healthcare System, LPCourt of Appeals for the Ninth Circuit · 2008

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3Cited by6 opinions

  1. Mercado v. Banco Popular De Puerto RicoBankruptcy Appellate Panel of the First Circuit · 2019
  2. Schatz v. Access Grp., Inc. (In re Schatz)Bankruptcy Appellate Panel of the First Circuit · 2019
  3. Audrey Schatz v. Access Group, Inc.Bankruptcy Appellate Panel of the First Circuit · 2019
  4. First Premier Funding, LLC v. County of Cook d/b/a Cook County Land Bank AuthorityDistrict Court, N.D. Illinois · 2024
  5. Milk Industry Regulatory v. Rosa Dairy FarmBankruptcy Appellate Panel of the First Circuit · 2020

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