Legal Opinion
Maloni v. Fairway Wholesale Corp. (In Re Maloni)
Bankruptcy Appellate Panel of the First Circuit
Decided September 5, 2002No. BAP No. MB 01-055. Bankruptcy No. 96-40111-HJBPublishedCited by 35 opinions
1Opinion of the Court
OPINION
LAMOUTTE, Bankruptcy Judge.
The issues on appeal are: (a) whether the bankruptcy court erred in vacating and setting aside the order avoiding the judicial lien of Appellee Fairway Wholesale Corporation (“Fairway”); (b) whether the bankruptcy court erred in denying the request of Appellant John J. Maloni (“Malo-ni”) for an evidentiary hearing, thus depriving Maloni of his right to due process; and (c) whether the imposition of sanctions is warranted because the appeal is frivolous.
JURISDICTION
The United States Bankruptcy Appellate Panel for the First Circuit (the “Panel”) has…
2Cases cited23 opinions
- Morton M. Hill, Jr. v. Norfolk and Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1987
- United Electrical, Radio and MacHine Workers of America v. 163 Pleasant Street Corporation, International Twist Drill (Holdings), Limited, United Electrical, Radio and MacHine Workers of America v. 163 Pleasant Street CorporationCourt of Appeals for the First Circuit · 1992
- Juan E. Cruz v. Robert Savage, Etc.Court of Appeals for the First Circuit · 1990
- Jeffrey and Jeffrey v. DesmondCourt of Appeals for the First Circuit · 1995
- United States v. Boch Oldsmobile, Inc., Boch Toyota, Inc., and Ernest J. BochCourt of Appeals for the First Circuit · 1990
18 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Lumb v. Cimenian (Lumb)Bankruptcy Appellate Panel of the First Circuit · 2009
- Torres Martinez v. Arce (Torres Martinez)Bankruptcy Appellate Panel of the First Circuit · 2008
- Premier Capital, LLC v. Gavin (In Re Gavin)Bankruptcy Appellate Panel of the First Circuit · 2004
- Knowles v. Bayview Loan Servicing, LLC (In Re Knowles)Bankruptcy Appellate Panel of the First Circuit · 2011
- Busson-Sokolik v. Milwaukee School of Engineering (In Re Busson-Sokolik)Court of Appeals for the Seventh Circuit · 2011
30 more not listed; retrieve them via the Exa API.