Legal Opinion

Salem Five Cents Savings Bank v. Tardugno (In Re Tardugno)

Bankruptcy Appellate Panel of the First Circuit

Decided December 6, 1999No. BAP MW 98-102PublishedCited by 7 opinions

1Opinion of the Court

VOTOLATO, Chief Judge.

Before the panel is Salem Five Cents Savings Bank’s (“Salem Five”) appeal of a bankruptcy court order denying its request for: (1) reconsideration; and (2) for leave to file a late response to Debtors’ objection to its proof of claim. For the reasons set forth below we vacate the bankruptcy court order denying the motion to reconsider, and remand for further proceedings consistent with this opinion.

BACKGROUND

On April 29, 1998, Robert and Charlotte Tardugno filed a petition under Chapter 13. Soon thereafter extensive litigation took place between the Debtors and Salem…

2Cases cited3 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. The Independent Oil and Chemical Workers of Quincy, Inc. v. The Procter & Gamble Manufacturing CompanyCourt of Appeals for the First Circuit · 1988
  3. Neal Mitchell Associates v. Braunstein (In Re Lambeth Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998

3Cited by7 opinions

  1. Balzotti v. RAD Investments, LLC (In Re Shepherds Hill Development Co.)Bankruptcy Appellate Panel of the First Circuit · 2004
  2. Aguiar v. Interbay Funding, LLC (In Re Aguiar)Bankruptcy Appellate Panel of the First Circuit · 2004
  3. Rodriguez v. Banco Popular De Puerto Rico (In re Rodriguez)Bankruptcy Appellate Panel of the First Circuit · 2014
  4. CIT Group/Business Credit, Inc. v. Official Committee of Unsecured Creditors of E-Z Serve Convenience Stores, Inc. (In Re E-Z Serve Convenience Stores, Inc.)United States Bankruptcy Court, M.D. North Carolina · 2004
  5. Augustin v. Chase Home Finance, LLCDistrict Court, D. Massachusetts · 2008

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