Legal Opinion
In Re Jackson
United States Bankruptcy Court, D. Massachusetts
Decided February 26, 1999No. 19-10717PublishedCited by 1 opinion
1Opinion of the Court
DECISION
JAMES F. QUEENAN, Jr., Bankruptcy Judge.
A purported mortgage by a dissolved corporation raises the question of reformation by reason of mistake. Bankruptcy of the corporation’s officer and sole shareholder adds a further complexity — the question whether reformation rights are merely an unsecured claim in bankruptcy.
The chapter 7 trustee in this case, John A. Burdick, Jr. (the “Trustee”), has moved under section 363(b) of the Bankruptcy Code to sell for $330,000 a home in Concord, Massachusetts. The Trustee proposed to escrow most of the sale proceeds pending resolution of the…
2Cases cited9 opinions
- Independent Wireless Telegraph Co. v. Radio Corp. of AmericaSupreme Court of the United States · 1926
- Camp v. BoydSupreme Court of the United States · 1913
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- State Police Association of Massachusetts v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1997
- CRS Steam, Inc. v. Engineering Resources, Inc. (In Re CRS Steam, Inc.)United States Bankruptcy Court, D. Massachusetts · 1998
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3Cited by1 opinion
- In Re D & S Contractors, Inc.United States Bankruptcy Court, D. Massachusetts · 2010