Legal Opinion
Coastal Oil New England, Inc. v. Citizens Fuels Corp.
Massachusetts Appeals Court
Decided January 6, 1995No. 93-P-367PublishedCited by 12 opinions
1Opinion of the CourtLaurence, J.
A judge of the Superior Court correctly held that a debtor’s transfer of all its assets without proper advance notice to creditors had violated the Bulk Transfers Act, G. L. c. 106, §§ 6-101 et seq. She ruled, however, that the violation did not give rise to a cause of action by a complaining creditor against the transferee. Her rationale was that the transferee had subsequently sold those assets to a bona fide purchaser. We disagree with that conclusion on the instant facts and, accordingly, reverse and remand.
We derive the pertinent facts from the judge’s unchallenged findings and the…
2Cases cited18 opinions
- Levings v. Forbes & Wallace, Inc.Massachusetts Appeals Court · 1979
- McEvoy Travel Bureau, Inc. v. Norton Co.Massachusetts Supreme Judicial Court · 1990
- Kendall v. SelvaggioMassachusetts Supreme Judicial Court · 1992
- Leahy v. Local 1526, American Federation of State, County, & Municipal EmployeesMassachusetts Supreme Judicial Court · 1987
- National Medical Care, Inc. v. ZigelbaumMassachusetts Appeals Court · 1984
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sharon v. City of NewtonMassachusetts Supreme Judicial Court · 2002
- Cargill, Inc. v. Beaver Coal & Oil Co.Massachusetts Supreme Judicial Court · 1997
- Committee of Unsecured Creditors of Interstate Cigar Co. v. Interstate Distribution, Inc. (In Re Interstate Cigar Co.)United States Bankruptcy Court, E.D. New York · 2002
- Micromuse, Inc. v. MICROMUSE, PLCDistrict Court, D. Massachusetts · 2004
- Committee of Unsecured Creditors of Interstate Cigar Co. v. Interstate Distribution, Inc. (In Re Interstate Cigar Co.)United States Bankruptcy Court, E.D. New York · 2002
7 more not listed; retrieve them via the Exa API.