Legal Opinion
Cox v. Villani (Villani)
Bankruptcy Appellate Panel of the First Circuit
Decided August 28, 2012No. BAP No. MB 11-096; Bankruptcy No. 09-10577-WCH; Adversary No. 10-01118-WCHPublishedCited by 16 opinions
1Opinion of the Court
TESTER, Bankruptcy Judge.
Donald Cox (“Cox”) appeals from a bankruptcy court judgment (“the Judgment”) entered in favor of the debtor, Richard A. Villani (“Villani”), on Cox’s complaint objecting to his discharge under *54§ 727(a)(2)(A).1 For the reasons discussed below, we REVERSE the Judgment.
BACKGROUND
In August 2006, Cox sold a catering business to CR Oakcrest Cove, Inc. (“Oak-crest”), an entity owned by Villani and Richard Galt (“Galt”).2 In consideration for the catering business, Cox received $200,000.00 at closing, and a promissory note in the amount of $300,000.00 (“the Note”) for the…
2Cases cited19 opinions
- Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
- Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
- In Re G.S.F. CORPORATION, Debtor, Chase Commercial Corporation, AppellantCourt of Appeals for the First Circuit · 1991
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Daniels v. AginCourt of Appeals for the First Circuit · 2013
- Robin Singh Educational Services, Inc. v. McCarthy (McCarthy)Bankruptcy Appellate Panel of the First Circuit · 2013
- Risk v. Hunter (In re Hunter)United States Bankruptcy Court, N.D. Ohio · 2015
- Irish Bank Resolution Corp. v. Drumm (In re Drumm)United States Bankruptcy Court, D. Massachusetts · 2015
- United Surety & Indemnity Co. v. López-Muñoz (In re López-Muñoz)Court of Appeals for the First Circuit · 2017
11 more not listed; retrieve them via the Exa API.