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 14 |
Filed: 6/21/2017, Entered: 6/21/2017 |
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Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 13 Motion to Remand to Bankruptcy Court. Contrary to OneUnited's suggestion, this is not a situation in which the court "has not considered an important aspect of the case." McMullen v. Schultz, 443 B.R. 236, 241 (D. Mass. 2011). The possibility of an affirmance based on the Bankruptcy Court's existing findings was briefed by the parties, with OneUnited advancing substantially the same arguments it now makes in its motion for rehearing. These arguments do not affect the prudential considerations motivating this court's decision to remand for (potential) additional factfinding while applying the appropriate standard in this post-trial context. See Mem. & Order at 16-17, 20-22. Given that "a determination whether the lender acted unfairly... is properly left to the finder of fact," Drakopoulos v. U.S. Bank Nat'l Ass'n, 465 Mass. 775, 787 (2013), the Bankruptcy Court, as the factfinder, should consider the issue in the first instance. (RGS, law1)
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 13 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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Amended MOTION to Remand to Bankruptcy Court [Corrected] Motion for Rehearing With L.R.7.1(a) Certificate by OneUnited Bank.(Handly, Kevin)
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 Request |
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| 12 |
Filed: 6/5/2017, Entered: 6/5/2017 |
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MOTION to Remand to Bankruptcy Court Motion for Rehearing by OneUnited Bank.(Handly, Kevin)
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Request |
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| 11 |
Filed: 5/22/2017, Entered: 5/22/2017 |
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Judge Richard G. Stearns: ORDER of Remand to the U.S. Bankruptcy Court, ENTERED. re 10 Memorandum & ORDER.(Flaherty, Elaine)
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Request |
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| 10 |
Filed: 5/19/2017, Entered: 5/19/2017 |
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Judge Richard G. Stearns: ORDER entered. MEMORANDUM AND ORDER ON APPEAL FROM THE BANKRUPTCY COURT'S RULING ON OBJECTION TO PROOF OF CLAIM. The Church's motion to certify questions to the Massachusetts Supreme Judicial Court (Dkt #17) is DENIED. The Bankruptcy Court's order overruling the Church's objection to OneUnited's proof of claim is VACATED IN PART, and the case is REMANDED for further proceedings consistent with this opinion.Associated Cases: 1:16-cv-12313-RGS, 1:16-cv-12314-RGS(RGS, law1)
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Request |
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| 9 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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ELECTRONIC NOTICE of Reassignment. Judge Richard G. Stearns added. Judge Mark G. Mastroianni no longer assigned to case. (Abaid, Kimberly)
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| 8 |
Filed: 12/21/2016, Entered: 12/21/2016 |
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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 7 Motion to Consolidate Cases. (Bartlett, Timothy)
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| 7 |
Filed: 12/20/2016, Entered: 12/20/2016 |
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MOTION to Consolidate Cases Plaintiff-Appellant Charles Street AME Church of Boston's Motion to Consolidate Bankruptcy Appeal by Charles Street African Methodist Episcopal Church of Boston.(Martin, D.)
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Request |
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| 6 |
Filed: 12/16/2016, Entered: 12/19/2016 |
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Bankruptcy Record Received: 1 Bankruptcy Appeal (Attachments: # 1 transmittal)(adminn, )
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Request |
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| 5 |
Filed: 12/9/2016, Entered: 12/9/2016 |
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Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 4 Motion to Withdraw as Attorney. Attorneys Paula M. Bagger and Brian J. Killoy terminated. (Bartlett, Timothy)
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| 4 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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MOTION to Withdraw as Attorney by Paula M. Bagger and Brian J. Killoy by OneUnited Bank.(Bagger, Paula)
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Request |
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| 3 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. (Abaid, Kimberly)
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| 2 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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Copy of Bankruptcy Docket Received: 1 Bankruptcy Appeal (Coppola, Katelyn)
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Request |
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| 1 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 14-01138. File received (Attachments: # 1 Transmittal)(Coppola, Katelyn)
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Request |
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