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Legal Opinion

Aquino v. Black (In Re Atlanticrancher, Inc.)

United States Bankruptcy Court, D. Massachusetts

Decided June 21, 2002No. 18-14790PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matters before the Court are Counts II, III, V, and VI of the nine count Complaint filed by John Aquino, the Chapter 7 Trustee of AtlanticRancher, Inc. (“AtlanticRancher” or the “Debtor”) against Emilia F. Black, Stanley D. Black, and J.C. Electronics, Inc. d/b/a/ J & C Logistics (“J & C”). The issues presented include whether loans to the Debtor made by Emilia F. Black and Stanley D. Black (collectively “the Blacks”) should be re-characterized as equity interests in the Debtor corporation and whether the Blacks’s claims should be…

2Cases cited27 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. 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
  3. In the Matter of Fabricators, Inc., Debtor. Fabricators, Inc., Cross-Appellant v. Technical Fabricators, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
  4. In Re 604 Columbus Avenue Realty Trust, Debtor. Capitol Bank & Trust Company v. 604 Columbus Avenue Realty Trust, in Re 604 Columbus Avenue Realty Trust, Debtor. Federal Deposit Insurance Corporation, as Receiver/liquidating Agent of Capitol Bank & Trust Company v. 604 Columbus Avenue Realty TrustCourt of Appeals for the First Circuit · 1992
  5. Roth Steel Tube Company v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1986

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3Cited by20 opinions

  1. Official Committee of Unsecured Creditors Ex Rel. Bankruptcy Estate of Felt Manufacturing Co. v. Foss (In Re Felt Manufacturing Co.)United States Bankruptcy Court, D. New Hampshire · 2007
  2. Riley v. Tencara, LLC (In Re Wolverine, Proctor & Schwartz, LLC)United States Bankruptcy Court, D. Massachusetts · 2011
  3. In Re Submicron Systems CorporationCourt of Appeals for the Third Circuit · 2006
  4. Weisfelner v. Blavatnik (In re Lyondell Chemical Co.)United States Bankruptcy Court, S.D. New York · 2016
  5. Boles v. Filipowski (In Re Enivid. Inc.)United States Bankruptcy Court, D. Massachusetts · 2006

15 more not listed; retrieve them via the Exa API.

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