Legal Opinion
In Re Medallion Realty Trust
United States Bankruptcy Court, D. Massachusetts
Decided July 11, 1989No. 14-41620PublishedCited by 40 opinions
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Bankruptcy Judge.
First Service Bank for Savings (the “Bank”), through Federal Deposit Insurance Corporation as its receiver, moves to dismiss this Chapter 11 case on the ground that Medallion Realty Trust (the “Debtor”) is not a “business trust” eligible for relief under Chapter 11. For the reasons set forth below, the motion is denied. But it is a Pyrrhic victory for the Debtor, because I hold that the Debtor is a partnership, with all the consequences that flow therefrom.
I. FACTS
The facts are undisputed. The instrument creating the Debtor is a “nominee” trust,…
2Cases cited39 opinions
- Commissioner v. CulbertsonSupreme Court of the United States · 1949
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- Williams v. Inhabitants of MiltonMassachusetts Supreme Judicial Court · 1913
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Shain Investment Co., Inc. v. CohenMassachusetts Appeals Court · 1982
34 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In Re Kenneth Allen Knight Trust, Debtor. Angela Lynn Brady-Morris Denise Michele Brady v. J. Baxter Schilling, TrusteeCourt of Appeals for the Sixth Circuit · 2002
- In Re Village Green Realty TrustUnited States Bankruptcy Court, D. Massachusetts · 1990
- In Re Grand Jury SubpoenaCourt of Appeals for the First Circuit · 1992
- In Re Medallion Realty TrustDistrict Court, D. Massachusetts · 1990
- In Re Woodsville Realty TrustUnited States Bankruptcy Court, D. New Hampshire · 1990
35 more not listed; retrieve them via the Exa API.