F&B Enterprises Trustee Seeks Declaratory Judgment To Avoid Lien Under Massachusetts Law
February 7, 2021, Southern District of Massachusetts – Debora A. Casey, the Chapter 7 Trustee of the bankruptcy estate of F&B Enterprises, Inc. ( the “Debtor”) brings an action to avoid an alleged “lien” asserted by Travelers Indemnity Company (the “Defendant” or “Travelers”) and preserve such lien for the estate. The real property involved is for about $113,069.
Previously, Defendant had obtained a “writ of attachment” on one of the Debtor’s property. Subsequently, Defendant also attained an “execution and levied and suspended on the execution.”
Now, the Trustee seeks a declaratory judgment that Defendant’s “levy is void and its lien is invalid since Defendant did not bring the levy forward, within 6 years period in the registry, in a manner required for bringing forward attachment of real estate.”
The case is In re F&B Enterprises, Inc. in the United States Bankruptcy Court for the District of Massachusetts under Case No. – 00-17917-FJB. Honorable Judge Frank J. Bailey is pressing over the case.