Legal Opinion

Argus Management Corp. v. First National Bank of Boston (In Re Mid Cape Grain, Inc.)

United States Bankruptcy Court, D. Massachusetts

Decided August 17, 1995No. 19-40067PublishedCited by 2 opinions

1Opinion of the Court

DECISION REGARDING MOTIONS TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

WILLIAM C. HILLMAN, Bankruptcy Judge.

This adversary proceeding seeks an order requiring the marshaling of assets. The facts more fully appear in the following discussion, which constitutes my findings of fact and conclusions of law.

The Debtor, Mid Cape Grain, Inc. (“Mid Cape”) filed for protection under Chapter 11 of the Bankruptcy Code. The First National Bank of Boston (“Bank”) holds a valid and perfected first security interest in assets of the corporation. The loan is guarantied by Austin E. Nydam, who is the President…

2Cases cited10 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In Re Jack Green's Fashions For Men Big And Tall, Inc.Court of Appeals for the Eighth Circuit · 1979
  3. Peoples Bank of Tuscaloosa v. Computer Room, Inc. (In Re Computer Room, Inc.)United States Bankruptcy Court, N.D. Alabama · 1982
  4. Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
  5. Chittenden Trust Co. v. Sebert Lumber Co. (In Re Vermont Toy Works, Inc.)District Court, D. Vermont · 1991

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3Cited by2 opinions

  1. Cellceutix Corp. v. Nickless (In re Formatech, Inc.)United States Bankruptcy Court, D. Massachusetts · 2013
  2. In Re PrayUnited States Bankruptcy Court, D. Massachusetts · 1999

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