COASTAL OIL NEW ENGLAND v. CITIZENS FUELS CORP.


38 Mass. App. Ct. 26 (1995)

COASTAL OIL NEW ENGLAND, INC. vs. CITIZENS FUELS CORPORATION & others.

Appeals Court of Massachusetts, Suffolk.

January 6, 1995.


Attorney(s) appearing for the Case

F. Anthony Mooney (Theresa Kelly Banash with him) for the plaintiff.

Alan B. Almeida for the defendants.

Present: BROWN, SMITH, & LAURENCE, JJ.


LAURENCE, J.

A judge of the Superior Court correctly held that a debtor's transfer of all its assets without proper advance notice to creditors had violated the Bulk Transfers Act, G.L.c. 106, §§ 6-101 et seq. She ruled, however, that the violation did not give rise to a cause of action by a complaining creditor against the transferee. Her rationale was that the transferee had subsequently sold those assets...

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