In re Weinstein

8 Citing cases

  1. In re Leicht

    222 B.R. 670 (B.A.P. 1st Cir. 1998)   Cited 52 times
    Holding that a bankruptcy court's lien avoidance order is a final order

    The bankruptcy court's lien avoidance order is a final order. See In re Weinstein, 217 B.R. 5, 6 (D.Mass. 1998), appeal pending; see also East Cambridge Sav. Bank v. Silveira (In re Silveira), 141 F.3d 34 (1st Cir. 1998) (court of appeals reviewing lien avoidance order without discussion of jurisdiction); see generally In re Saco Local Dev. Corp., 711 F.2d 441, 442-48 (1st Cir. 1983)(Breyer, J.) (discussing bankruptcy appellate jurisdiction); Fleet Data Processing Corp. v. Branch (In re Bank of New England Corp.), 218 B.R. 643 (1st Cir. BAP 1998)(same). We have jurisdiction under 28 U.S.C. § 158(a)(1) and (b).

  2. In re Marilyn A. Fracasso

    222 B.R. 400 (B.A.P. 1st Cir. 1998)   Cited 8 times
    Stating that an order sustaining an objection to exemption is a reviewable final order

    An order sustaining an objection to exemption is a reviewable final order. See In re Shubert, 106 F.3d 501, 502 (3d Cir. 1997); Slimick v.. Silva (In re Slimick), 928 F.2d 304, 306-09 (9th Cir. 1990); In re Weinstein, 217 B.R. 5, 6 (D.Mass. 1998), appeal pending; see also East Cambridge Sav. Bank v. Silveira (In re Silveira), 141 F.3d 34 (1st Cir. 1998) (court of appeals reviewing lien avoidance order without discussion of jurisdiction); see generally In re Saco Local Dev. Corp., 711 F.2d 441, 442-48 (1st Cir. 1983) (Breyer, J.) (discussing bankruptcy appellate jurisdiction); Fleet Data Processing Corp. v. Branch (In re Bank of New England Corp.), 218 B.R. 643 (1st Cir. BAP 1998) (same). There are no standing concerns in this appeal, as the trustee was unquestionably a proper party to assert the objection, see Edmonston v. Murphy (In re Edmonston), 107 F.3d 74, 77 (1st Cir. 1997), and the debtor's interests are unquestionably directly affected by the order challenged here.

  3. Patriot Portfolio, LLC v. Weinstein

    164 F.3d 677 (1st Cir. 1999)   Cited 130 times
    Holding the Bankruptcy Code preempted the Massachusetts Homestead Act's exceptions for preexisting liens and prior contracted debts

    The district court noted that Patriot could have raised the constitutional argument either in its initial objection or in a motion for reconsideration. See In re Weinstein, 217 B.R. 5, 7-8 (Bankr. D. Mass. 1998). We, however, do not consider Patriot's failure to challenge the constitutionality of § 522(f) in its objection fatal because, at that point, Weinstein had not yet moved to avoid the lien.

  4. White v. Burdick (In re CK Liquidation Corp.)

    332 B.R. 72 (D. Mass. 2005)   Cited 1 times

    With respect to White's contention that his due process rights were violated, he has failed to raise the issue before the Bankruptcy Court and it is, therefore, waived. In re Weinstein, 217 B.R. 5, 8 (D.Mass. 1998) ("appellate courts will not consider an issue which was not before the trial court and which is first raised on appeal."). See also In re Rauh, 119 F.3d 46, 51 (1st Cir. 1997) ("[because] the bankruptcy court was never afforded an opportunity to consider the theory and authorities now advanced . . . we decline the invitation to do so on appeal"). For all of the above reasons, this appeal will be dismissed.

  5. In re Cadkey Corp.

    317 B.R. 19 (D. Mass. 2004)   Cited 10 times

    The law is well-settled that "appellate courts will not consider an issue which was not before the trial court and which is first raised on appeal." In re Weinstein, 217 B.R. 5, 8 (D.Mass. 1998) (declining to consider an argument on appeal to district court that was not raised in the bankruptcy court). See also In re Rauh, 119 F.3d 46, 51 (1st Cir. 1997) ("the bankruptcy court was never afforded an opportunity to consider the theory and authorities now advanced . . . nor to make any predicate factual findings, we decline the invitation to do so on appeal").

  6. In re Crocker

    362 B.R. 49 (B.A.P. 1st Cir. 2007)   Cited 49 times
    Concluding that "the bankruptcy court had the authority under § 105 to stay the state court action and did so to preserve its jurisdiction over the dischargeability issues to be filed by Debtors in the adversary proceeding within the reopened bankruptcy case."

    A bankruptcy court's decision to reopen a bankruptcy case under § 350(b) is reviewed only for abuse of discretion. See In re Weinstein, 217 B.R. 5, 6 (D. Mass. 1998), aff'd, 164 F.3d 677 (1st Cir. 1999). We also review a bankruptcy court's exercise of its equitable powers under § 105(a) for an abuse of discretion.See Graves v. Myrvang (In re Myrvang), 232 F.3d 1116 (9th Cir. 2000).

  7. In re Adley

    333 B.R. 587 (Bankr. D. Mass. 2005)   Cited 13 times
    Holding that the court lacked jurisdiction to enjoin the resolution of competing claims to insurance policy proceeds

    "Section 105(a) grants the Bankruptcy Court broad authority to reconsider any of its own orders and to issue new orders sua sponte whenever necessary to carry out provisions of the Bankruptcy Code." In re Weinstein, 217 B.R. 5, 8 (D. Mass. 1988), aff'd, 164 F.3d 677 (1st Cir. 1999) (citing In re H.K. Porter Co., Inc., 156 B.R. 149, 150 (Bankr. W.D. Pa. 1993); In re Brielle Assocs., 685 F.2d 109, 111 (3d Cir. 1982)).

  8. PARQUE SAN PATRICIO, INC. v. DE INVERSIONES

    Bap No. PR 03-032, Bankruptcy Case No. 78-00095-ESL, Bap No. PR 03-033, Bankruptcy Case No. 78-00099-ESL, Bap No. PR 03-034, Bankruptcy Case No. 81-00420-ESL, Bap No. PR 03-035, Bankruptcy Case No. 81-00466 (B.A.P. 1st Cir. Mar. 15, 2004)

    This Panel reviews the decision of the bankruptcy court for abuse of discretion. See In re Weinstein, 217 B.R. 5, 6 (D. Mass. 1998), aff'd, 164 F.3d 677 (1st Cir.), cert. denied, Patriot Portfolio, LLC v. Weinstein, 527 U.S. 1036 (1999) ("The Bankruptcy Court's decisions (1) to reopen the Appellee's bankruptcy case under 11 U.S.C. § 350(b) and (2) to reverse itself, sua sponte, are within its discretion. Hence, this Court reviews those decisions only to determine if the Bankruptcy Court abused its discretion."); see also Sheerin, 21 B.R. at 440.