ABCD Holdings, LLC v. Hannon, et al. (Lawyers Weekly No. 09-035-17)
1 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT SUCV2016-1840-BLS2 ABCD HOLDINGS, LLC, Plaintiff vs. PATRICK HANNON and SOFIA GAGUA Defendants And J.DERENZO CO., SOFIA GAGUA, SIMILAR SOILS, INC., IMMANUEL CORP., AGRITECH INC., and L-5 INC., Reach and Apply Defendants MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF’S MOTION FOR A REAL ESTATE ATTACHMENT This is an action seeking to collect on a personal guaranty and to recover for other allegedly wrongful conduct following the execution of that document. The guaranty was executed by defendant Patrick Hannon who, pursuant to the terms of the guaranty, was required to pay $ 109,879 plus attorney’s fees and collection costs in the event the borrower defaulted. The borrower did indeed default and plaintiff, the assignee of the original lender’s rights under the guaranty, now seeks to collect on the guaranty and asserts other claims, including a claim under Chapter 93A. This Court (Salinger, J.) has already determined that there is a reasonable likelihood that plaintiff will recover against Hannon on the guaranty. There is also ample 2 evidence that plaintiff will recover an additional $ 45,000 that Hannon had paid on another loan but that had to be disgorged to Hannon’s bankruptcy trustee as a preference. 1 The case is now before the Court on plaintiff’s Motion to Attach property located at 34 Highview Drive in Uxbridge, Massachusetts (the Uxbridge House). Hannon lives there with his girlfriend, Sofia Gagua, named in this case both as a defendant and a reach and apply defendant. Title to the property is in Gagua’s name. According to the Amended Verified Complaint, the Uxbridge House was purchased with funds from Hannon, giving rise to a claim against Gagua under the Uniform Fraudulent Transfer Act, G.L.c.109A §2. After careful review of the documentation and affidavits submitted by the parties — both in connection with this motion and earlier in this litigation — this Court concludes that plaintiff is entitled to an attachment in the amount of $ 258,226.22.2 The Motion is therefore ALLOWED. This is the third time that plaintiff has requested such an attachment. The first time was shortly after this lawsuit began. This Court (Salinger, J.) denied the request because the allegations that Gagua had used funds fraudulently conveyed to her by Hannon were all made on information and belief. See Memorandum of Decision dated June 24, 2016. The second time was in a related lawsuit, King Root Capital, LLC v. Hannon et al., Civ. No. 2017-02307-BLS 2, which is a suit on a judgment against Hannon.3 This Court denied plaintiff’s request in that case, 1 Hannon and his wife Elizabeth Hannon filed for Chapter 11 bankruptcy in 2012, after the loans that are the subject of the instant […]