Legal Opinion

Tri-Cran, Inc. v. Fallon (In Re Tri-Cran, Inc.)

United States Bankruptcy Court, D. Massachusetts

Decided March 17, 1989No. 19-10818PublishedCited by 40 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

CAROL J. KENNER, Bankruptcy Judge.

The Trustee in Bankruptcy brought this adversary proceeding to vacate a sale in bankruptcy of the Debtor’s assets to the Defendant for collusion and fraud on the court. The matter has been tried, and the parties have filed suggested findings of fact and conclusions of law. This memorandum contains my findings of fact and conclusions of law on the merits of the controversy, and on certain procedural defenses the Defendant raises. I find that the Defendant committed fraud on the court and rule that the sale should be vacated.

Procedural…

2Cases cited21 opinions

  1. Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
  2. Universal Oil Products Co. v. Root Refining Co.Supreme Court of the United States · 1946
  3. H. K. Porter Company, Inc., Cross-Appellant v. The Goodyear Tire & Rubber Company, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1976
  4. In Re Samuel William SAX, Debtor, Appeal of THREE RIVERS MARINE SERVICE, INC.Court of Appeals for the Seventh Circuit · 1986
  5. Theodore R. Kupferman, as Receiver of Vickers, Christy & Co., Inc. v. Consolidated Research and Manufacturing Corporation, Daniel JacobsonCourt of Appeals for the Second Circuit · 1972

16 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. In Re Michael J. Colarusso Mary Colarusso, Debtors, Robert Canzano, Trustee of the J & B Realty Trust Joan Canzano, Trustee of the J & B Realty Trust v. Mary M. RagosaCourt of Appeals for the First Circuit · 2004
  2. Plotner v. AT & T Corp.Court of Appeals for the Tenth Circuit · 2000
  3. Official Committee of Subordinated Bondholders v. Integrated Resources, Inc. (In Re Integrated Resources, Inc.)District Court, S.D. New York · 1992
  4. In Re Wilde Horse Enterprises, Inc.United States Bankruptcy Court, C.D. California · 1991
  5. Pearson v. First NH Mortgage Corp.Court of Appeals for the First Circuit · 1999

35 more not listed; retrieve them via the Exa API.

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