Legal Opinion

Monzack v. A.D.B. Investors (In re Max Sugarman Funeral Home, Inc.)

District Court, D. Rhode Island

Decided December 30, 1992No. Bankruptcy Nos. 82-00568, 82-00569; Adv. No. 82-0405PublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER ON FIRST CIRCUIT COURT OF APPEALS’ REMAND

ARTHUR N. VOTOLATO, Bankruptcy Judge.

I. TRAVEL AND BACKGROUND

The travel of this aging adversary proceeding is lengthy and circuitous. On October 21, 1988, we issued our initial decision subordinating the “claim”1 of ADB *276Investors (“ADB”) to the claims of debenture holders who invested or renewed after 1977. On appeal, that decision was remanded by the District Court for a determination of issues of preferential transfer and fraudulent conveyance raised by the Trustee but not previously decided. Accordingly, on May 26, 1989 we issued…

2Cases cited7 opinions

  1. In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
  2. In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
  3. 24 Collier bankr.cas.2d 1414, Bankr. L. Rep. P 73,841 Max Sugarman Funeral Home, Inc. v. A.D.B. InvestorsCourt of Appeals for the First Circuit · 1991
  4. In Re Properties, Inc.Court of Appeals for the Eleventh Circuit · 1986
  5. Monzack v. ADB Investors (In Re EMB Associates, Inc.)United States Bankruptcy Court, D. Rhode Island · 1988

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3Cited by1 opinion

  1. Bayou Accredited Fund, LLC v. Redwood Growth Partners, L.P. (In Re Bayou Group, LLC)United States Bankruptcy Court, S.D. New York · 2008

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