Legal Opinion
Pena v. Gonzalez (Pena)
Bankruptcy Appellate Panel of the First Circuit
Decided December 12, 2008No. BAP No. MB 07-059. Bankruptcy No. 04-19402-WCH. Adversary No. 05-01393-WCHPublishedCited by 5 opinions
1Opinion of the Court
VOTOLATO, Bankruptcy Judge.
Contumanama Pena (“Appellee”), the Chapter 13 debtor, filed an adversary proceeding against Myrta Gonzalez and her father, Santos Gonzalez (“Appellants”). Appellants failed to answer the complaint, were defaulted, and their Emergency Motion to Vacate the Order of Default was denied. After an evidentiary hearing to determine and assess damages, the bankruptcy court issued a bench ruling on the merits (“Bench Ruling”), stating its findings and conclusions, and entered a separate judgment assessing damages (“Damages Judgment”). The Appellants filed a timely appeal from…
2Cases cited28 opinions
- Perry v. Ethan Allen, Inc.Court of Appeals for the Second Circuit · 1997
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
- The Independent Oil and Chemical Workers of Quincy, Inc. v. The Procter & Gamble Manufacturing CompanyCourt of Appeals for the First Circuit · 1988
- In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994
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3Cited by5 opinions
- Whitcomb v. Smith (Smith)Bankruptcy Appellate Panel of the First Circuit · 2017
- Supplies & Services, Inc. v. NACCO Industries, Inc. (In re Supplies & Services, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2011
- Auctus Fund, LLC v. Drone Guarder, Inc.District Court, D. Massachusetts · 2023
- DiOrio v. Griffin (In re Vision Adventures, LLC)United States Bankruptcy Court, D. Rhode Island · 2016
- In re: ReynoldsCourt of Appeals for the Tenth Circuit · 2021