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Legal Opinion

American Twine Ltd. Partnership v. Written

District Court, D. Massachusetts

Decided September 20, 2005No. CIV.A.02-10590 NMGPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

GORTON, District Judge.

This case focuses upon the validity of a $10 million secured bridge loan that certain defendants and other individuals extended to a now-defunct entity of which they were also shareholders. Plaintiff, a former landlord and creditor of the subject entity, seeks to have this Court equitably subordinate the bridge loan and/or to re-characterize it as an equity investment, thereby rendering payments made pursuant to it invalid.

The parties appeared for trial before this Court, sitting without a jury, on July 25, July 26, August 15 and August 16, 2005.…

2Cases cited8 opinions

  1. 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
  2. In the Matter of Fabricators, Inc., Debtor. Fabricators, Inc., Cross-Appellant v. Technical Fabricators, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
  3. 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
  4. In Re Frank Giorgio and Pauline Giorgio, Debtors. John Boyajian, Trustee v. Alan J. Defusco, Etc.Court of Appeals for the First Circuit · 1988
  5. Blasbalg v. Tarro (In Re Hyperion Enterprises, Inc.)District Court, D. Rhode Island · 1993

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3Cited by6 opinions

  1. Friedman's Liquidating Trust v. Goldman Sachs Credit Partners, L.P. (In Re Friedman's Inc.)United States Bankruptcy Court, D. Delaware · 2011
  2. Gernsbacher v. Campbell (In re Equipment Equity Holdings, Inc.)United States Bankruptcy Court, N.D. Texas · 2013
  3. (PS) Ferrantino v. Sacramento County Office of EducationDistrict Court, E.D. California · 2020
  4. (PS) Singh v. USCISDistrict Court, E.D. California · 2020
  5. Live Primary, LLCUnited States Bankruptcy Court, S.D. New York · 2021

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