Legal Opinion

Nancy Cantor, Trustee of the Cantor Monson Trust, Debtor v. Wilbraham and Monson Academy

Court of Appeals for the First Circuit

Decided November 21, 1979No. 79-1304PublishedCited by 16 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

Appellant Nancy Cantor, Trustee of the Cantor Monson Trust, filed a petition under Chapter XII of the Bankruptcy Act, 11 U.S.C. §§ 801-926. The bankruptcy judge dismissed the petition on the ground that the Trust was not a proper party to file a Chapter XII petition. Mrs. Cantor appealed to the district court, asserting that she, not the Trust, was the party seeking the bankruptcy proceeding. The district court affirmed the bankruptcy judge’s order, finding that “the record supports the conclusion that the debtor here is the Trust and not the ‘person’ of Nancy…

2Cases cited12 opinions

  1. Larson v. SylvesterMassachusetts Supreme Judicial Court · 1933
  2. Pope & Cottle Co. v. Fairbanks Realty TrustCourt of Appeals for the First Circuit · 1941
  3. Associated Cemetery Management, Inc., Employees' Profit Sharing Trust v. Z. C. BarnesCourt of Appeals for the Eighth Circuit · 1959
  4. Mason v. PomeroyMassachusetts Supreme Judicial Court · 1890
  5. Carr v. LeahyMassachusetts Supreme Judicial Court · 1914

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3Cited by16 opinions

  1. Markham, etc v. FayCourt of Appeals for the First Circuit · 1996
  2. In Re Treasure Island Land TrustUnited States Bankruptcy Court, M.D. Florida · 1980
  3. In Re Gonic Realty TrustUnited States Bankruptcy Court, D. New Hampshire · 1985
  4. In Re CahillUnited States Bankruptcy Court, E.D. Pennsylvania · 1981
  5. Matter of MaidmanUnited States Bankruptcy Court, S.D. New York · 1980

11 more not listed; retrieve them via the Exa API.

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