Legal Opinion
First Federal Savings & Loan Ass'n of Galion v. Napoleon
Massachusetts Supreme Judicial Court
Decided November 10, 1998PublishedCited by 20 opinions
1Opinion of the CourtFried, J.
A mortgage debt counts as a debt for purposes of the Uniform Fraudulent Conveyance Act (UFCA), G. L. c. 109A, § 2 (now repealed), and a conveyance by the debtor for less than a fair consideration should have been set aside under § 4 of the UFCA, even if the debtor may have been currently making payments required under the terms of an outstanding mortgage and even though the debtor was unable to continue to make such payments as they became due.
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Debtor Gilbert Napoleon and his wife Arlene acquired a house and land as their principal residence (residence) in 1971. In 1982, with the assistance…
2Cases cited30 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- In the Matter of Xonics Photochemical, Inc., Debtor. Appeal of Mitsui and Company (u.s.a.), IncCourt of Appeals for the Seventh Circuit · 1988
- Vadnais Lumber Supply, Inc. v. Byrne (In Re Vadnais Lumber Supply, Inc.)United States Bankruptcy Court, D. Massachusetts · 1989
- BMG Music v. MartinezCourt of Appeals for the Fifth Circuit · 1996
- Nisenzon v. SadowskiSupreme Court of Rhode Island · 1997
25 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Federal Refinance Co. v. KlockCourt of Appeals for the First Circuit · 2003
- Yankee Microwave, Inc. v. Petricca Communications Systems, Inc.Massachusetts Appeals Court · 2002
- Campana v. Pilavis (In Re Pilavis)United States Bankruptcy Court, D. Massachusetts · 1999
- Beal Bank SSB v. PittorinoCourt of Appeals for the First Circuit · 1999
- Mi-Lor Corp. v. Gottsegen (In Re Mi-Lor Corp.)United States Bankruptcy Court, D. Massachusetts · 1999
15 more not listed; retrieve them via the Exa API.