Ferrari v. Barclays Business Credit, Inc. (In Re Morse Tool, Inc.)

Memorandum of Law on Plaintiff’s Motion for Partial Summary Judgment Regarding Choice-of-Law

CAROL J. KENNER, Bankruptcy Judge.

The Trustee and Barclays have filed cross-motions for summary judgment as to which state’s law should govern the Trust ee’s fraudulent conveyance claim. The Trustee brings that claim pursuant to his power under 11 U.S.C. § 544(b) to avoid transfers and obligations that are voidable under “applicable law,” which the Trustee claims is Massachusetts law and Barclays claims is Connecticut law. In order to settle this dispute, a bankruptcy court would normally first…