Legal Opinion

Rodolakis v. Chertoff (In Re 1236 Development Corp.)

United States Bankruptcy Court, D. Massachusetts

Decided November 3, 1995No. 19-40392PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

The matter before the Court arises from an adversary proceeding, filed by Stephan M. Rodolakis, Chapter 11 Trustee (the “Trustee” or “Plaintiff’) against Dr. Andrew Cher-toff (“Chertoff’ or the “Defendant”). The Complaint seeks equitable subordination, pursuant to 11 U.S.C. § 510(c), of a mortgage given to Chertoff by the debtor 1236 Development Corporation (the “Debtor”). After a trial on the Complaint, the Court took its resolution under advisement.

I. FACTS

The following constitutes findings of fact in accordance with Bankruptcy Rule…

2Cases cited24 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
  3. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
  4. In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
  5. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983

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3Cited by7 opinions

  1. In re Lifschultz Fast FreightCourt of Appeals for the Seventh Circuit · 1997
  2. N. Parent, Inc. v. Cotter & Co. (In Re N. Parent, Inc.)United States Bankruptcy Court, D. Massachusetts · 1998
  3. Aquino v. Black (In Re Atlanticrancher, Inc.)United States Bankruptcy Court, D. Massachusetts · 2002
  4. Riley v. Tencara, LLC (In Re Wolverine, Proctor & Schwartz, LLC)United States Bankruptcy Court, D. Massachusetts · 2011
  5. In the Matter Of: Lifschultz Fast Freight, Doing Business as Lifschultz Fast Freight Corporation, Debtor. Appeal Of: Salson Express Company, IncorporatedCourt of Appeals for the Seventh Circuit · 1997

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