Legal Opinion

In re Colbran, LLC

United States Bankruptcy Court, D. Massachusetts

Decided July 10, 2012No. 12-40727-MSHPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER ON MOTION TO DISMISS

MELVIN S. HOFFMAN, Bankruptcy Judge.

Dedham Institution for Savings (the “Bank”) has moved to dismiss Colbran, LLC’s chapter 11 case on the grounds that it was not filed in good faith and that the bankruptcy court lacks jurisdiction to modify a debt to the Bank for which the Bank alleges Colbran is not liable. Colbran opposes the motion.

Facts

The relevant facts are undisputed. On August 12, 2003, Michael E. Walsh executed a document entitled “Declaration of Trust Establishing Shanry Realty Trust” (the “Declaration of Trust”) (the “Trust”) and…

2Cases cited31 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
  3. Johnston v. Holiday Inns, Inc.Court of Appeals for the First Circuit · 1979
  4. In Re Cedar Shore Resort, Inc., Debtor. Cedar Shore Resort, Inc. v. Paul Mueller and Mary Pat MuellerCourt of Appeals for the Eighth Circuit · 2000
  5. In Re GONIC REALTY TRUST, Debtor. Appeal of GONIC REALTY TRUSTCourt of Appeals for the First Circuit · 1990

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3Cited by7 opinions

  1. In re DickeyUnited States Bankruptcy Court, D. Massachusetts · 2014
  2. In re HyattUnited States Bankruptcy Court, D. New Mexico · 2012
  3. In re Attack Properties, LLCDistrict Court, N.D. Illinois · 2012
  4. In re VanBuskirkUnited States Bankruptcy Court, D. Massachusetts · 2014
  5. Axia NetMedia Corp. v. Massachusetts Technology Park Corp.District Court, D. Massachusetts · 2017

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