Truvek v. Fall River Trust Co.
This text of 6 Mass. App. Ct. 951 (Truvek v. Fall River Trust Co.) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The action was properly dismissed. The title to the cause of action set out in the complaint had vested in the plaintiffs’ trustee in bankruptcy under the provisions of 11 U.S.C. § 110(a)(6) (1976), with the result that the action could not be maintained by the plaintiffs. See 4A Collier, Bankruptcy par. 70.28[6] (14th ed. 1976); Gochenour v. Cleveland Terminals Bldg. Co., 118 F.2d 89, 93 (6th Cir. 1941); Constant v. Kulukundis, 125 F. Supp. 305, 306 (S.D.N.Y. 1954); Hermsmeyer v. A.L.D. Inc., 239 F.Supp. 740, 742-743 (D. Colo. 1964); Moore v. Slonim, 426 F. Supp. 524, 526-527 (D. Conn.), aff'd, 562 F.2d 38 (2d Cir. 1977).
Judgment affirmed.
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6 Mass. App. Ct. 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/truvek-v-fall-river-trust-co-massappct-1978.