Legal Opinion
Neal Mitchell Associates v. Braunstein (In Re Lambeth Corp.)
Bankruptcy Appellate Panel of the First Circuit
Decided November 17, 1998No. BAP MB 97-108PublishedCited by 20 opinions
1Opinion of the Court
HAINES, Bankruptcy Judge.
Neal Mitchell Associates (“NMA”) appeals the bankruptcy court’s order disallowing its claim. Because we conclude that the court abused its discretion when it sustained the trustee’s objection to NMA’s claim without a hearing, we vacate the order and remand for further proceedings.
Background
NMA worked for the debtor, The Lambeth Corporation (“Lambeth”) as a consultant during the second half of 1990 and early 1991. In February of 1991 NMA commenced a state court action to recover $86,-500 allegedly due it for services rendered. A writ of attachment issued and was…
2Cases cited26 opinions
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- Scott Coon v. Robert P. GrenierCourt of Appeals for the First Circuit · 1989
- Howard Greene v. Union Mutual Life Insurance Company of AmericaCourt of Appeals for the First Circuit · 1985
- In Re John R. Kolstad, Debtor. United States of America (Internal Revenue Service) v. John R. KolstadCourt of Appeals for the Fifth Circuit · 1991
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3Cited by20 opinions
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- Aguiar v. Interbay Funding, LLC (In Re Aguiar)Bankruptcy Appellate Panel of the First Circuit · 2004
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