Legal Opinion
Gonsalves v. Belice (In re Belice)
Bankruptcy Appellate Panel of the First Circuit
Decided October 15, 2012No. BAP Nos. MB 11-048, MB 12-005; Bankruptcy No. 08-11927-WCH; Adversary No. 09-01241-WCHPublishedCited by 7 opinions
1Opinion of the Court
HAINES, Bankruptcy Judge.
Sandon Gonsalves, a pro se creditor, appeals: (1) the order granting the motion of Abel Belice to dismiss Gonsalves’ adversary complaint; and (2) the order denying Gonsalves’ motion for relief from judgment.1 As we conclude that the dismissal was not only beyond the scope of our prior remand but was also legal error, we will VACATE the orders and REMAND the matter for further proceedings consistent with this opinion.
BACKGROUND2
I. The Bankruptcy Petition
In 2006, Gonsalves and his partner obtained a state court judgment against Belice, their landlord. See Appeal I, 2011…
2Cases cited18 opinions
- Banco Santander De Puerto Rico v. Lopez-StubbeCourt of Appeals for the First Circuit · 2003
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- United States v. James F. MooredCourt of Appeals for the Sixth Circuit · 1994
- Cape Ann Investors v. LeponeCourt of Appeals for the First Circuit · 2002
- Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mercado v. Banco Popular De Puerto RicoBankruptcy Appellate Panel of the First Circuit · 2019
- Privitera v. Curran (Curran)Bankruptcy Appellate Panel of the First Circuit · 2016
- Mercado v. Combined Investments, LLC (Mercado)Bankruptcy Appellate Panel of the First Circuit · 2015
- In re PiovanettiUnited States Bankruptcy Court, D. Puerto Rico · 2013
- Shearer v. Titus (In re Titus)United States Bankruptcy Court, W.D. Pennsylvania · 2017
2 more not listed; retrieve them via the Exa API.