Legal Opinion
Lumb v. Cimenian (Lumb)
Bankruptcy Appellate Panel of the First Circuit
Decided February 23, 2009No. BAP No. EP 08-066. Bankruptcy No. 01-21536-JBH. Adversary No. 08-02029-JBHPublishedCited by 37 opinions
1Per curiam
William B. Lumb (the “Debtor”) appeals from a bankruptcy court order (the “Order”) granting defendant Nahabet Cimeni-an’s (“Cimenian”) motion to dismiss the Debtor’s complaint for failure to state a claim upon which relief may be granted. Cimenian has moved for fees and costs for a frivolous appeal. For the reasons set forth below, we REVERSE the Order and DENY Cimenian’s motion for costs and fees.
BACKGROUND
In 1997, the Debtor, Cimenian and Allen Fernald formed a partnership to purchase claims in the bankruptcy estate of Cimeni-an’s mother-in-law, Catherine Petit (“Pet-it”). The claims…
2Cases cited14 opinions
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- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
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3Cited by37 opinions
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