Legal Opinion

Foley v. Briden (In Re Arrowhead Gardens, Inc.)

United States Bankruptcy Court, D. Massachusetts

Decided August 12, 1983No. 19-10577PublishedCited by 38 opinions

1Opinion of the Court

MEMORANDUM

JAMES N. GABRIEL, Bankruptcy Judge.

In this adversary proceeding the Trustee seeks to recover $57,637.35 from the defend ant as preferential transfers voidable under 11 U.S.C. Section 547 or in the alternative seeks to recover this amount as damages for his breach of fiduciary duty to creditors of the estate. The defendant’s Answer denied all material allegations, and raised as affirmative defenses that the company was solvent when the transfers were made, and that in managing the business he exercised good business judgment not in breach of fiduciary obligations to creditors.

An…

2Cases cited11 opinions

  1. Joseph Braunstein, Trustee, Etc. v. Massachusetts Bank & Trust CompanyCourt of Appeals for the First Circuit · 1971
  2. Pettigrew v. Trust Co. Bank (In Re Bishop)United States Bankruptcy Court, N.D. Georgia · 1982
  3. Edward D. Hassan, Trustee v. Middlesex County National Bank, in the Matter of Mystic Pipe & Supply Corp., BankruptCourt of Appeals for the First Circuit · 1964
  4. American National Bank and Trust Company of Chicago, Illinois v. Joseph M. Bone, Jr., Trustee in Bankruptcy of John D. Schindler, BankruptCourt of Appeals for the Eighth Circuit · 1964
  5. Seligson v. New York Produce ExchangeDistrict Court, S.D. New York · 1975

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

3Cited by38 opinions

  1. Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
  2. In Re Mama D'angelo, Inc., Debtor. Duane H. Gillman, Trustee v. Scientific Research Products Inc. Of DelawareCourt of Appeals for the Tenth Circuit · 1995
  3. Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.)United States Bankruptcy Court, D. Minnesota · 1985
  4. In the Matter of Taxman Clothing Co., Inc., Debtor. Appeal of Arthur Winer, Inc.Court of Appeals for the Seventh Circuit · 1990
  5. Coated Sales, Inc. v. First Eastern Bank, N.A. (In Re Coated Sales, Inc.)United States Bankruptcy Court, S.D. New York · 1992

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API