Legal Opinion

Tomsic v. Pitocchelli (In Re Tri-Star Technologies Co.)

United States Bankruptcy Court, D. Massachusetts

Decided March 30, 2001No. 17-41877PublishedCited by 34 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Tali Tomsic (the “Trustee”), Chapter 7 Trustee of Tri-Star Technologies Company, Incorporated (the “Debtor”) seeks to set aside certain payments made by the Debtor to and on behalf of a former employee, Louis J. Pitoechelli (“Pitoechelli”), pursuant to a consulting agreement. The Trustee argues that those payments constituted fraudulent transfers voidable under 11 U.S.C. § 548(a)(1)(B) and § 544(b). The Trustee also asserts a claim against Pitoechelli for breach of the consulting agreement.

The following constitute this Court’s findings…

2Cases cited30 opinions

  1. In Re Roco Corporation, D/B/A Standard Supply Company, Debtor. Edward Consove v. Avram CohenCourt of Appeals for the First Circuit · 1983
  2. In Re Image Worldwide, Ltd., Debtor. David P. Leibowitz, Chapter 7 Trustee v. Parkway Bank & Trust Co.Court of Appeals for the Seventh Circuit · 1998
  3. Rubin v. Manufacturers Hanover Trust Co.Court of Appeals for the Second Circuit · 1981
  4. Richard E. Barber, Chapter 7 Trustee for Ostrom-Martin, Inc. v. Golden Seed Company, Inc.Court of Appeals for the Seventh Circuit · 1997
  5. Robinson v. WangemannCourt of Appeals for the Fifth Circuit · 1935

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3Cited by34 opinions

  1. Neilson v. Union Bank of California, N.A.District Court, C.D. California · 2003
  2. Leverage Leasing Co. v. SmithColorado Court of Appeals · 2006
  3. Cohen v. SikiricaDistrict Court, W.D. Pennsylvania · 2013
  4. Riley v. Countrywide Home Loans, Inc. (In re Duplication Management, Inc.)United States Bankruptcy Court, D. Massachusetts · 2013
  5. Wessinger v. Spivey (In Re Galbreath)United States Bankruptcy Court, S.D. Georgia · 2002

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