ABCD Holdings, LLC v. Hannon, et al. (Lawyers Weekly No. 09-035-17)
Court allowed real estate attachment for lender seeking to recover on personal guaranty and fraudulent transfer claims.
Court allowed real estate attachment for lender seeking to recover on personal guaranty and fraudulent transfer claims.
Court denies motion to dismiss counterclaims arising from post-bankruptcy conduct, finding trustee lacked authority to release claims never in bankruptcy estate.
Guarantor's motion to dismiss liability cap denied; Chapter 93A claim survives despite contractual limitation. Motions to dismiss by non-signatory defendants granted for insufficient pleading of alter ego, fraudulent transfer, and reach-and-apply claims.
Court denies guarantor's motion to dismiss personal guaranty enforcement and Chapter 93A claim; allows motions to dismiss corporate veil and fraudulent transfer claims against related entities.