Legal Opinion

Braunstein v. Gateway Management Services Ltd. (In Re Coldwave Systems, LLC)

United States Bankruptcy Court, D. Massachusetts

Decided May 15, 2007No. 19-30202Published

1Opinion of the Court

MEMORANDUM OF DECISION ON LIABILITY ONLY

WILLIAM C. HILLMAN, Bankruptcy Judge.

I.Introduction

Joseph Braunstein, Chapter 7 Trustee (the “Trustee”) of Coldwave Systems, LLC (the “Debtor”) brought this multi-count adversary proceeding against Gateway Management Services Limited (“Gateway”) to avoid a security interest which Gateway claimed in a certain patent (the “Patent”). The Trustee moved to stay so much of the complaint as seeks damages and to proceed to trial as to liability only. I granted the motion. On April 11, 2007, I held a trial on an agreed statement of facts and agreed exhibits.…

2Cases cited10 opinions

  1. New Hampshire v. MaineSupreme Court of the United States · 2001
  2. Davis v. WakeleeSupreme Court of the United States · 1895
  3. Waterman v. MacKenzieSupreme Court of the United States · 1891
  4. In Re: Cybernetic Services, Inc., D/B/A Silent Radio, Inc., Debtor. Petitioning Creditors Byron Z. Moldo, Chapter 7 Trustee of the Estate of Cybernetic Services, Inc., Dba Silent Radio, Inc. ("Moldo") v. Matsco, Inc., in Re: Cybernetic Services, Inc., D/B/A Silent Radio, Inc., Debtor. Byron Z. Moldo, Chapter 7 Trustee v. Matsco, Inc., and Matsco Financial Corporation, Petitioning CreditorsCourt of Appeals for the Ninth Circuit · 2001
  5. Penny v. GiuffridaCourt of Appeals for the Tenth Circuit · 1990

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