Legal Opinion
Ostrander v. Gardner
Court of Appeals for the First Circuit
Decided January 16, 2007No. 06-9006PublishedCited by 6 opinions
1Opinion of the Court
CYR, Senior Circuit Judge.
On December 11, 2003, Michael Gardner and Roy Furman, while negotiating to acquire the assets of Millivision, Inc., loaned Millivision $500,000 with which to pay its essential debts and avoid an operational shutdown. The next day, Millivision’s creditors filed an involuntary chapter 11 petition. Unaware of the chapter 11 filing, Gardner and Furman did not record a financing statement relating to their loan until December 16. The bankruptcy court permitted the chapter 11 trustee to invoke the “strong-arm” provision in Bankruptcy Code § 544(a) to avoid the…
2Cases cited5 opinions
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Cresswell v. Sullivan & CromwellCourt of Appeals for the Second Circuit · 1990
- 229 Main Street Ltd. Partnership v. Massachusetts Department of Environmental Protection (In Re 229 Main Street Ltd. Partnership)Court of Appeals for the First Circuit · 2001
- In Re Microfab, Inc.United States Bankruptcy Court, D. Massachusetts · 1989
- Ostrander v. Gardner (In Re Millivision, Inc.)United States Bankruptcy Court, D. Massachusetts · 2005
3Cited by6 opinions
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- Jojo's 10 Restaurant, LLC v. Devin Properties, LLC (In Re Jojo's 10 Restaurant, LLC)United States Bankruptcy Court, D. Massachusetts · 2011
- Ostrander v. Source One Financial Corp. (In re Mollison)United States Bankruptcy Court, D. Massachusetts · 2012
- (PS) Genessi v. Placer County Superior CourtDistrict Court, E.D. California · 2025
- Braunstein v. Gateway Management Services Ltd. (In Re Coldwave Systems, LLC)United States Bankruptcy Court, D. Massachusetts · 2007
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