Legal Opinion

Fustolo v. 50 Thomas Patton Drive, LLC

Court of Appeals for the First Circuit

Decided February 24, 2016No. 15-1340PPublishedCited by 32 opinions

1Opinion of the Court

KAYATTA, Circuit Judge.

We hold in this case that a claim to payment that 50 Thomas Patton Drive, LLC (“Patton Drive”) holds against Steven Fustolo (“Fustolo”) “is not contingent as to liability or the subject of a bona fide dispute as to liability or amount” within the meaning of section 303(b)(1) of the Bankruptcy Code. 11 U.S.C. § 303(b)(1). We therefore affirm the decision of the bankruptcy court, which found Patton Drive qualified to join with two other creditors also holding non-contingent, undisputed claims to force Fustolo into an involuntary bankruptcy proceeding.

I

Patton Drive’s…

2Cases cited32 opinions

  1. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  2. Bullard v. Blue Hills BankSupreme Court of the United States · 2015
  3. Begelfer v. NajarianMassachusetts Supreme Judicial Court · 1980
  4. In Re Robert J. Mason, Debtor. Robert J. Mason v. Integrity Insurance Company and Sherwood & Roberts, Inc.Court of Appeals for the Ninth Circuit · 1983
  5. Boynton v. BallSupreme Court of the United States · 1887

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3Cited by32 opinions

  1. Electra v. 59 Murray Enterprs., Inc.Court of Appeals for the Second Circuit · 2021
  2. Matthew Copley v. United StatesCourt of Appeals for the Fourth Circuit · 2020
  3. Fustolo v. Patriot Grp. LLC (In Re Fustolo)Court of Appeals for the First Circuit · 2018
  4. Patriot Grp. v. Fustolo (In re Fustolo)United States Bankruptcy Court, D. Massachusetts · 2019
  5. In re Gen. Aeronautics Corp.United States Bankruptcy Court, D. Utah · 2018

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