Cases

MEMORANDUM OF DECISION ON DEFENDANTS’ MOTION TO DISMISS MELVIN S. HOFFMAN, Bankruptcy Judge. The defendants have moved to dismiss the chapter 7 trustee’s seven count com*367plaint in this adversary proceeding pursuant to Fed.R.Civ.P. 12(b)(6), made applicable to this proceeding by Fed. R. Bankr.P. 7012. In his complaint the trustee seeks avoidance

375 B.R. 33 (2007) In re Robert F. LODI, Debtor. David M. Nickless, Plaintiff, Plaintiff, v. Paula Lodi, Defendant. Bankruptcy No. 05-48930-JBR, Adversary No. 06-4216. United States Bankruptcy Court, D. Massachusetts. September 12, 2007. *34 *35 James L. O'Connor, Jr., Nickless and Phillip

MEMORANDUM AND ORDER ON APPEAL FROM BANKRUPTCY COURT HILLMAN, District Judge. Nature of the Proceeding This is an appeal from a final order of the United States Bankruptcy Court for the District of Massachusetts in an adversarial proceeding brought by David M. Nickless, Trustee (the “Trustee”) against the HSBC Bank USA, National Association, as Indenture Trustee of th

MEMORANDUM & ORDER GORTON, District Judge. Appellant-Trustee David M. Nickless (“Appellant” or “Trustee”) appeals from an order entered by the United States Bankruptcy Court for the District of Massachusetts granting HSBC Bank USA (“Appel-lee” or “HSBC”) relief from the automatic stay. The order appealed from permits HSBC to foreclose on a residence in Have-rill, Massachusetts owned by David Marron and R

152 B.R. 394 (1993) In re WORCESTER QUALITY FOODS, INC., Debtor. David M. NICKLESS, Trustee, Plaintiff, v. Sheldon GOLUB, Howard Golub, Mitchell Golub, Phyllis Golub, Golda Golub, PGA Marketing, Ltd. WQF Holding Corp., and Larry and Luisa's Fruit Corp., Defendants. Bankruptcy No. 90-42013-JFQ, Adv. No. 92-4018. United States Bankruptcy Court, D. Massachusetts. February 22,

Rabb, C. J. The appellant was engaged in the manufacture of lime from oolitic limestone, and, as incident to the business, quarried the stone from which the lime was manufactured from ledges, and in so doing used explosives to break and shatter the stone from the ledge. Appellee’s decedent was an employe of the appellant, engaged as a common laborer in the stóne-quarry, and -while so engaged was injured by the fall of loose rock

This was an action by the Bedford Stone and Construction Company, appellee, against the Washington Hotel Realty Company, and J. Edward Krause, for an alleged balance due upon a contract between the appellant and appellee for the construction of the Washington Hotel in Indianapolis, and also for the recovery of alleged extras in connection therewith. The complaint is in five paragraphs. The first paragraph seeks to recover from the appellant a balance alleged to have been due from the h

Joan N. Feeney, United States Bankruptcy Judge I. INTRODUCTION The matter before the Court is the Complaint filed by The Patriot Group, LLC (the "Plaintiff" or "Patriot") against Steven C. Fustolo ("Fustolo," the "Defendant," or the "Debtor").1 The Court conducted a six-day trial commencing on May 23, 2016 and concluding on June 23, 2016. At the trial, six witnesses tes

389 F.Supp.2d 112 (2005) Scott L. BAENA, Litigation Trustee of the Lernout & Hauspie Speech Products Litigation Trust, Plaintiff, v. KPMG LLP and Klynveld Peat Marwick Goerdeler Bedrijfsrevisoven, Defendant. No. CIV.A. 04-12606-PBS. United States District Court, D. Massachusetts. September 27, 2005. *113 Lisa L. Coggins, Ferr

SELYA, Circuit Judge. This appeal requires us to explore an arcane corner of the world of corporate finance. In the underlying series of events, a corporate shark, using fraudulent means, induced an allegedly innocent target corporation to enter into an ill-advised merger. After both the shark and the merged entity drowned in red ink, plaintiff-appellant Alan Nisselson (the tr

MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the Chapter 7 Trustee’s “Motion for Summary Judgment as to All Counts of Her Second Amended Complaint,” which contains six counts as follows: Count I against Countrywide Home Loans, Inc., for unjust enrichment in the amount of $397,361.11, plus prejudgment interest at th

LIVINGSTON, Justice. Suit under the homicide statute, section 119, Title 7, Code of 1940, by Mrs. Myrtle Vines Harper, who sues as the mother of Harvey Elwood Vines, Jr., deceased, against Griffin Lumber Company, a partnership composed of O. A. Griffin and E. J. Staub, and Griffin and Staub, individually. On a former appeal of this cause to this Court it was held that defendants were entitled to the affirm

This is an action by Mrs. Myrtle Vines Harper, who sues as mother of Harvey Elwood Vines, Jr., deceased, her minor son, under the homicide statute, § 119, Title 7, Code of 1940, against Griffin Lumber Company, a partnership composed of O. A. Griffin and E. J. Staub, and against Griffin and Staub individually. The case was submitted to the jury on plaintiff's complaint consisting of one count charging that the death of her minor son was caused by a wanton wrong of an agent, servant

Caldwell, J. The averments of appellee’s complaint, material to the questions presented, are in substance as follows : That on February 11, 1900, one Orrin EL Trook, by written contract, sold to appellant James A. Baxter, a tract of land situate in Grant County, Indiana; that Baxter executed to Trook a series of notes representing the unpaid balance of the purchase money; that subsequently, by agreement of the parties interested,

Hottel, P. J. — On August 8, 1913, the Savings Loan and Trust Company, a corporation engaged in the banking and trust company business, in the city of Auburn, Indiana, and hereinafter referred to as the “trust company,” brought suit against the Auburn Creamery Company, a corporation, hereinafter referred to as the “creamery company,” in which it sought to recover upon four notes and to foreclose a mortgage, given to secure the s

Myers, J. Action by appellee against appellant for damages for personal injuries, on account of alleged negligence. The complaint is in one paragraph, and the errors assigned and not waived are, (1) in overruling appellant’s demurrer to the complaint, (2) in overruling its motion for judgment non obstante, and (3) in overruling its motion for a new trial. The complaint is quite lengthy, and we shall not set out any mor

Montgomery, C. J. Michael Pomatto recovered a judgment against appellant on June 4, 1907, on account of a personal injury sustained while in appellant’s service. Appellant prayed and was granted a term-time appeal. An appeal bond in the sum of $6,500, with the Bankers Surety Company as surety thereon, was filed on July 25, in accordance wit’ the order of the court. The transcript was filed in the office of the clerk of this cour

Dowling, C. J. Action by the appellee, as administratrix of the estate of Charles Coyer, deceased, against the appellant, the Pennsylvania Company, for damages for a personal injury resulting in the death of Coyer. Demurrer to each paragraph of complaint overruled. Answer in denial. Trial by a jury. Verdict for appellee, with answers to interrogatories. Motion for judgment on special answers, and for a new trial overruled. Judgm

Wiley, J. — Appellee brought this action against appellant to recover damages for alienating his wife’s affections, and for causing her to live apart and separate from him, appellee’s wife being the daughter of appellant. The issues being joined, the cause was tried by a jury, a special verdict returned, and judgment pronounced thereon in favor of appellee. Appellant’s motion for a venire de novo, for judgment on the spe

Myers, J. This cause went to the jury on the first and third paragraphs of the complaint, the second and fourth having been withdrawn on the trial. The complaint was originally filed January 4, 1904, and was later amended, and, with the third, filed as an amended complaint October 6, 1906. The facts of the death of appellee’s decedent April 22, 1903, of appellee’s appointment and qualification