Legal Opinion

Harbor National Bank of Boston v. Sid Kumins, Inc.

Court of Appeals for the First Circuit

Decided December 21, 1982No. 82-1182PublishedCited by 25 opinions

1Opinion of the Court

OSCAR H. DAVIS, Circuit Judge.

The issue is whether an attachment obtained by defendant-appellee Sid Kumins, Inc. (Kumins) on a debt owed by a debtor in bankruptcy was a voidable preference with in 11 U.S.C. § 547(b)(4)(A) of the Bankruptcy Code, as having been made on or within 90 days before the date of the filing of the bankruptcy petition. The agreed facts are that on June 28, 1979, Kumins brought an action against Robert Wolf in a Massachusetts state court, and on that day the court approved, ex parte, a real estate attachment; the attachment was made by the sheriffs on Wolfs property in…

2Cases cited2 opinions

  1. Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
  2. In re Lyon Carpet Co.District Court, D. Massachusetts · 1928

3Cited by25 opinions

  1. Hall v. WainwrightCourt of Appeals for the Eleventh Circuit · 1984
  2. In Re: Thomas A. Greene, AKA Radiator Service, Inc., and Bobby Jean Greene, Debtors. Mbna America v. Jeffry G. Locke, TrusteeCourt of Appeals for the Ninth Circuit · 2000
  3. Meister v. State National Bank of Connecticut (In Re Mailbag International, Inc.)United States Bankruptcy Court, D. Connecticut · 1983
  4. Deutscher v. O'Neal Steel Corp. (In Re Enterprise Fabricators, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1983
  5. 14 Collier bankr.cas.2d 289, Bankr. L. Rep. P 70,907 in Re John J. Gulino and Patricia A. Gulino, Debtors. William B. Grover v. John J. Gulino, Jr. And Patricia Anne GulinoCourt of Appeals for the Ninth Circuit · 1985

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