Legal Opinion

Boston Investors Group, L.P. v. Cable Co. 11 (In re Boston Investors Group, L.P.)

United States Bankruptcy Court, D. Massachusetts

Decided June 13, 1995No. Bankruptcy No. 94-17630 WCH; Adv. No. 95-1177Published

1Opinion of the Court

DECISION ON DEFENDANT’S MOTION TO DISMISS

WILLIAM C. HILLMAN, Bankruptcy Judge.

The debtor (“BIG”), as the sole beneficiary of MMG Realty Trust (“MMG”), brought this adversary proceeding to avoid a second mortgage granted by Marvin M. Glick (“Glick”) on certain real estate owned by MMG. Debtor alleges that there was no consideration for the mortgage and that it is avoidable as a fraudulent conveyance under M.G.L. c. 109A § 4. The defendant, The Cadle Company II, Inc. (“Cadle”), has moved to dismiss the complaint.

The following facts are drawn from the complaint.

Glick was the general partner of…

2Cases cited6 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  3. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  4. Garita Hotel Limited Partnership, Etc. v. Ponce Federal Bank, F.S.B.Court of Appeals for the First Circuit · 1992
  5. United States Trust Co. v. Raritan River Steel Co. (In Re American Spring Bed Manufactoring Co.)United States Bankruptcy Court, D. Massachusetts · 1993

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