Legal Opinion
DeGiacomo v. First Call Mortgage Co. (In re Reznikov)
United States Bankruptcy Court, D. Massachusetts
Decided March 29, 2016No. Case No. 14-10589-FJB; Adversary Proceeding No. 15-1003-FJBPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
Frank J. Bailey, United States Bankruptcy Judge
I. Overview
By his complaint in this adversary proceeding, Mark G. DeGiacomo, in his capacity as chapter 7 trustee (the “Trustee”) in the bankruptcy case of debtor Fanni Reznikov (the “Debtor”), seeks to avoid a mortgage (the “Mortgage”) held by James B. Nutter & Company (“Nutter”) pursuant to 11 U.S.C. § 544(a)(3) and to preserve it for benefit of the bankruptcy estate pursuant to 11 U.S.C. § 551. Before the Court are cross-motions for summary judgment on Counts I and II filed by the Trustee and Nutter, as well as a motion…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- McCarthy v. Northwest Airlines, Inc.Court of Appeals for the First Circuit · 1995
- Dana Blackie v. State of MaineCourt of Appeals for the First Circuit · 1996
- Triangle Trading Co. v. Robroy Industries, Inc.Court of Appeals for the First Circuit · 1999
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3Cited by2 opinions
- US Bank, NA v. DesmondCourt of Appeals for the First Circuit · 2021
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