Case law

In Re Malden Mills Industries, Inc.

281 B.R. 493 · United States Bankruptcy Court, D. Massachusetts · Aug 8, 2002

the interest in question attaches under the valid and applicable law; or (2) [the possession of] a predisposition or interest under circumstances that render such a bias in favor of or against one of the entities.’ ” Rome v. … The Lenders’ Professionals Sidley Austin Brown & Wood LLP Sidley Austin Brown & Wood LLP (“Sidley”), attorney for the agent to both the pre and post-petition lenders, seeks fees of $209,515.75 and expenses of $17,454.91.

Abboud v. Ground Round, Inc. (In Re Ground Round, Inc.)

326 B.R. 23 · United States Bankruptcy Court, D. Massachusetts · Jun 6, 2005

Corp. v. Anchor Prop., 13 F.3d 27, 30 (1st Cir.1994)(quoting Nereida-Gonzalez v. Tirado-Delgado, 990 F.2d 701, 703 (1st Cir.1993)). 5 . Morris v. Gov. Dev. Bank, 27 F.3d 746, 748 (1st Cir.1994); Oliver v. Digital Equip. … Ralls v. Docktor Pet Centers, Inc., 177 B.R. 420 (D.Mass.1995). See also Societe Nationale Algerienne, etc. v.

Wolfson v. Sriberg (In Re Sriberg)

49 B.R. 80 · United States Bankruptcy Court, D. Massachusetts · Nov 7, 1984

Sandler v. Eastern Airlines, Inc., 649 F.2d 19, 20 (1st Cir.1981); Fisher v. Flynn, 598 F.2d 663, 665 (1st Cir.1979); Black v. Brown University, 555 F.Supp. 880, 886 (D.R.I.1983). … Maty v. Grasselli Chemical Co., 303 U.S. 197, 201 , 58 S.Ct. 507, 509 , 82 L.Ed. 745 (1938). Motions to strike under Fed.R. Civ.P. 12(f) 4 are not favored and are infrequently granted. In re O.P.M.

In Re Brizida

276 B.R. 316 · United States Bankruptcy Court, D. Massachusetts · Apr 24, 2002

Brown, 94 Mass. 30 , 12 Allen, 30 . 97 Mass. 392 , 1867 WL 5633 at *3-*4 (emphasis supplied). … In Dwyer v.

Federal Deposit Insurance v. Fordham (In Re Fordham)

130 B.R. 632 · United States Bankruptcy Court, D. Massachusetts · Aug 1, 1991

Gerrity (“Gerrity”), who was a member of First Mutual’s board of directors and its board of investment. … There is no showing that Gerrity was motivated by personal concerns in acting as a member of First Mutual’s board of directors and board of investment, much less that he influenced the action of his fellow board members or

Vooner v. Billingham (In Re Latini)

334 B.R. 338 · United States Bankruptcy Court, D. Massachusetts · Jun 15, 2005

Voner has paid bills for the property in order for Mark V. Voner to maintain his credit standing.” … Brown v. Master Fin., Inc. (In re Brown), 311 B.R. 282 (Bankr.M.D.Fla.2004). Victor Voner did not allege that he had control over the escrow account, which the Chapter 7 Trustee now holds.

Massachusetts Higher Education Assistance Corp. v. Sawaya (In Re Sawaya)

2 B.R. 37 · United States Bankruptcy Court, D. Massachusetts · Dec 3, 1979

State Higher Education Service Corp. v. Taylor, District of Maine, BK # 78-340-K, as well as the reasoning expressed in Wisconsin Higher Education Aid Board v. Edson, 4 Bankr.Ct. Dec. 1191, District of Nevada, 1979. … Similarly, this court has considered the opinion in Wisconsin Higher Educational Aids Board v. Kristin J.

Tomsic v. Lautieri (In Re Tri-Star Technologies Co.)

257 B.R. 629 · United States Bankruptcy Court, D. Massachusetts · Jan 24, 2001

(“Wang”) and they believed they could fashion a profitable enterprise by purchasing Wang’s circuit board facility in Me-thuen, Massachusetts. … In the 1980's, Jeti provided board testing services for Lautieri, Sr.'s previous company, Multi-Core, Inc. 5 .

In re Kology

499 B.R. 20 · United States Bankruptcy Court, D. Massachusetts · Sep 24, 2013

Marinelli v. Board of Appeals of Stoughton, 440 Mass. 255 , 797 N.E.2d 893 (2003). . In re Andris, 471 B.R. 761, 765 (Bankr. D.Mass.2012). See Gordon v. Pappalardo (In re Gordon), 487 B.R. 600, 602 (1st Cir. … Marinelli v. Board of Appeals of Stoughton, 440 Mass. 255 , 797 N.E.2d 893 (2003). . Debtors’ Trial Memorandum RE: Objections to Claim of Homestead Exemption and Confirmation, Docket No. 130 at 13. . Ex. 16. .

Lassman v. Tosi (In Re Tosi)

383 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Feb 22, 2008

Brown (In re Brown), 303 F.3d 1261 , 1266 n. 6 (11th Cir.2002), re’hrg *11 denied, 67 Fed.Appx. 590 (11th Cir.2002). … In re Brown, 303 F.3d at 1267 n. 9.

In Re Bellucci

24 B.R. 493 · United States Bankruptcy Court, D. Massachusetts · Nov 9, 1982

In Pepper v. … As a proof of claim in the amount of $400,000 (“potential”) was filed by the Clients Security Board, it appears that at least some of the clients’ claims may be paid, to some extent, by the Clients Security Board.

Baldiga v. Moog, Inc. (In re Comprehensive Power, Inc.)

578 B.R. 14 · United States Bankruptcy Court, D. Massachusetts · Dec 8, 2017

Specifically, the Plaintiffs allege that, after a May 2013 Board meeting, Gartland prepared and shared with Moog, without disclosing to key members of the Debtor’s management or other Board members, personal notes containing … B); May 31, 2013 board meeting notes prepared by Sean Gartland (Ex.

Lacourse Builders, LLC v. D'Anello (In re D'Anello)

477 B.R. 13 · United States Bankruptcy Court, D. Massachusetts · Aug 7, 2012

Brown (In re Brown), 131 B.R. 900, 905 (Bankr.D.Me.1991) (“one must ... ascertain whether the relationship was imbued with attributes giving rise to, in substance, a trust”). … The bankruptcy appellate panel further observed: Her holding is in accordance with In re Brown, 131 B.R. at 905 .

Federal Deposit Insurance Corp. v. Bombard (In Re Bombard)

59 B.R. 952 · United States Bankruptcy Court, D. Massachusetts · May 1, 1986

FDIC v. Balistreri, 470 F.Supp. 752, 756 (E.D.Wis.1979); see also FDIC v. … Accord Gunter v.

Sisk v. Saugus Bank & Trust Co. (In Re Saugus General Hospital, Inc.)

7 B.R. 347 · United States Bankruptcy Court, D. Massachusetts · Nov 6, 1980

In Nineteenth Ward Bank v. … First National Bank of Clinton v.

Zecco v. United States (In Re Zecco)

211 B.R. 109 · United States Bankruptcy Court, D. Massachusetts · May 28, 1997

Brown v. Duchesne, 60 U.S. (19 How.) 183, 194-195 , 15 L.Ed. 595 (1856). See also Bob Jones Univ. v. United States, 461 U.S. 574, 586 , 103 S.Ct. 2017, 2025-26 , 76 L.Ed.2d 157 (1983), and West v. … United States (In re West), 5 F.3d 423 (9th Cir.1993), cert. denied 511 U.S. 1081 , 114 S.Ct. 1830 , 128 L.Ed.2d 459 (1994) (both quoting Brown).

Herrick v. Department of Welfare (In Re Herrick)

27 B.R. 824 · United States Bankruptcy Court, D. Massachusetts · Feb 24, 1983

The plaintiff-debtor assigned his claim of workmen’s compensation benefits to the DPW on February 28, 1980, and the DPW filed a copy of the February 28, 1980 assignment with the Massachusetts Industrial Accident Board (hereinafter … acted upon, it has passed beyond the control of the board so far as concerns inquiry into its validity.

In Re Saunders

215 B.R. 800 · United States Bankruptcy Court, D. Massachusetts · Dec 1, 1997

Board of Education v. Grumet, 512 U.S. 687, 715 , 114 S.Ct. 2481, 2497 , 129 L.Ed.2d 546 (1994) (O’Connor, J., concurring in part and concurring in the judgment). … It has been suggested that "the slide away from Lemon's unitary approach is well under way”, Board of Education v.

Rodolakis v. Shadduck (In Re Shadduck)

208 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · May 6, 1997

In Regan v. … See, e.g., Mills v. Brown (In re Brown), 182 B.R. 778 (Bankr.E.D.Tenn.1995); In re Mill Concepts Corp., 123 B.R. 938 (Bankr.D.Mass.1991).

In Re St. John's Nursing Home, Inc.

154 B.R. 117 · United States Bankruptcy Court, D. Massachusetts · May 12, 1993

See, e.g., Children’s Hospital Medical Center v. Board of Assessors of Boston, 393 Mass. 266 , 471 N.E.2d 67 (1984), General Dynamics Corp. v. City of Quincy, 388 Mass. 24 , 444 N.E.2d 1266 (1983), MacDonald v. … Board of Assessors of Woburn, 384 Mass. 724 (1981).