Legal Opinion
Diamond v. Premier Capital, Inc.
Court of Appeals for the First Circuit
Decided October 9, 2003No. 03-1102PublishedCited by 40 opinions
1Opinion of the Court
TORRUELLA, Circuit Judge.
John J. Diamond, III, debtor and plaintiff below, appeals the district court’s affir-mance of the bankruptcy court’s dismissal of his complaint for failure to state a claim. After careful review, we reverse the district court’s dismissal and remand for further proceedings.
I. Background
Diamond, a seventeen year veteran of the real estate industry, filed a voluntary Chapter 13 bankruptcy petition in October 2000 that he later converted to a Chapter 7 proceeding. One unsecured creditor, Premier Capital, Inc. (“Premier”), filed an adversary proceeding to deny Diamond a…
2Cases cited4 opinions
- In Re Delores C. Brown, Debtor v. Pennsylvania State Employees Credit UnionCourt of Appeals for the Third Circuit · 1988
- Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
- Medina-Claudio v. Commonwealth of PRCourt of Appeals for the First Circuit · 2002
- Arruda v. Sears, Roebuck & Co.Court of Appeals for the First Circuit · 2002
3Cited by40 opinions
- Pratt v. General Motors Acceptance Corp. (In Re Pratt)Court of Appeals for the First Circuit · 2006
- McMullen v. Sevigny (In Re McMullen)Court of Appeals for the First Circuit · 2004
- Lumb v. Cimenian (Lumb)Bankruptcy Appellate Panel of the First Circuit · 2009
- Bates v. CitiMortgage, Inc.Court of Appeals for the First Circuit · 2016
- McConnie Navarro v. Banco Popular De Puerto Rico (In re McConnie Navarro)United States Bankruptcy Court, D. Puerto Rico · 2017
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