Legal Opinion
Collins v. Bank of New England-West, N.A. (In Re Daylight Dairy Products, Inc.)
United States Bankruptcy Court, D. Massachusetts
Decided March 8, 1991No. 16-11584PublishedCited by 12 opinions
1Opinion of the Court
OPINION
JAMES F. QUEENAN, Jr., Bankruptcy Judge.
Bank of New England-West, N.A. (the “Bank”) mistakenly recorded a discharge of its mortgage from Daylight Dairy Products, Inc. (the “Debtor”) covering property at 700-702 Summer Avenue, Springfield, Massachusetts. The trustee in bankruptcy, Joseph B. Collins (the “Trustee”), seeks to take the property free of the mortgage on the strength of his status as a judicial lien creditor and bona fide purchaser of real property under 11 U.S.C. § 544(a)(1) and (3) (1988). The Trustee also seeks the return of certain payments on the mortgage debt made by…
2Cases cited9 opinions
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- In Re Thomas Edward Ryan, Debtor. Peter M. Stern v. Continental Assurance CompanyCourt of Appeals for the First Circuit · 1988
- McCarthy v. LaneMassachusetts Supreme Judicial Court · 1938
- Maine National Bank v. Morse (In Re Morse)Bankruptcy Appellate Panel of the First Circuit · 1983
- North Easton Co-operative Bank v. MacLeanMassachusetts Supreme Judicial Court · 1938
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tomsic v. Beaulac (In Re Beaulac)United States Bankruptcy Court, D. Massachusetts · 2003
- Webber Lumber & Supply Co. v. Trucklease Corp. (In Re Webber Lumber & Supply Co.)United States Bankruptcy Court, D. Massachusetts · 1991
- Lassman v. OneWest Bank, FSB (In Re Swift)United States Bankruptcy Court, D. Massachusetts · 2011
- Ostrander v. Andre (In Re Motta)United States Bankruptcy Court, D. Massachusetts · 2010
- Dwyer v. Rockland Trust Co. (In re Mammola)United States Bankruptcy Court, D. Massachusetts · 2012
7 more not listed; retrieve them via the Exa API.