Legal Opinion
Hamilton v. Appolon (In Re Hamilton)
Bankruptcy Appellate Panel of the First Circuit
Decided January 21, 2009No. BAP No. MB 08-049. Bankruptcy No. 04-10133-JNF. Adversary No. 07-01060-JNFPublishedCited by 11 opinions
1Opinion of the Court
HAINES, Bankruptcy Judge.
Candace Hamilton (“Hamilton”), administratrix of the late chapter 13 debtor Willie Hamilton (the “Debtor”), appeals the bankruptcy court’s dismissal of the adversary proceeding the Debtor initiated against Ralph Appolon, d/b/a Providence Financial Group; Providence Financial Group, Inc.; and Epoch Realty, LLC (collectively the “defendants”), and its refusal to grant relief from that order. We conclude that the bankruptcy court abused its discretion when it dismissed the suit pursuant to Fed. R. Bankr.P. 7016(f) on account of Hamilton’s short-lived failure to comply…
2Cases cited24 opinions
- Celotex Corp. v. EdwardsSupreme Court of the United States · 1995
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- The Independent Oil and Chemical Workers of Quincy, Inc. v. The Procter & Gamble Manufacturing CompanyCourt of Appeals for the First Circuit · 1988
- In Re Erwin A. Porges, Also Known as E. Allen Porges, Debtor. Erwin A. Porges, Also Known as E. Allen Porges v. Gruntal & Company, IncorporatedCourt of Appeals for the Second Circuit · 1995
- New England Power & Marine, Inc. v. Town of Tyngsborough (In Re Middlesex Power Equipment & Marine, Inc.)Court of Appeals for the First Circuit · 2002
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Aja v. Emigrant Funding Corp. (In Re Aja)Bankruptcy Appellate Panel of the First Circuit · 2011
- Aja v. Fitzgerald (In Re Aja)Bankruptcy Appellate Panel of the First Circuit · 2011
- Travers v. Bank of America, N.A. (In re Travers)United States Bankruptcy Court, D. Rhode Island · 2014
- Melo v. GMAC Mortgage, LLC (Melo)Bankruptcy Appellate Panel of the First Circuit · 2013
- Reynolds v. Bank of Canton (In Re Reynolds)District Court, D. Massachusetts · 2011
6 more not listed; retrieve them via the Exa API.