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[Download] "Allegheny International Credit Corporation" by Appeals Court of Massachusetts # Book PDF Kindle ePub Free

Allegheny International Credit Corporation

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eBook details

  • Title: Allegheny International Credit Corporation
  • Author : Appeals Court of Massachusetts
  • Release Date : January 29, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

In an action arising out of the breach of an agreement for the sale and lease-back of a piece of construction equipment, the motion Judge correctly refused to stay the proceedings under the automatic stay provisions of 11 U.S.C. § 362 (a) (1982) where the claim for a stay was based on assertions by the defense that the corporate defendant, a general partner of a limited partnership, had entered the sale and lease-back agreement on behalf of a limited partner, and that the limited partner, which had filed a petition for relief under U.S.C. Title 11, might be required to indemnify the corporate defendant. [157-158] In an action by the assignee of the buyer of a piece of construction equipment against the corporate seller and its president, who had guaranteed the corporation's performance under a sale and lease-back agreement, seeking recovery of rental payments, late charges, and expenses arising out of the breach of the agreement, the defendants failed, in their opposition to the plaintiff's motion for summary judgment, to raise any material issue of fact as to the validity of the assignment. [158-159]


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