FUSTOLO v. 50 THOMAS PATTON DRIVE, LLC

No. 15-1340.

816 F.3d 1 (2016)

Steven C. FUSTOLO, Plaintiff, Appellant, v. 50 THOMAS PATTON DRIVE, LLC; The Patriot Group LLC; Richard Mayer, Defendants, Appellees.

United States Court of Appeals, First Circuit.

February 24, 2016.


Attorney(s) appearing for the Case

David M. Nickless , with whom Nickless, Phillips and O'Connor, was on brief for appellant.

Michael J. Fencer , with whom Howard P. Blatchford , Jonathan M. Horne , and Jager Smith P.C., were on brief, for appellees 50 Thomas Patton Drive, LLC, and Richard Mayer.

Colleen C. Cook , with whom Michael Paris , Jack I. Siegal , and Nystrom Beckman & Paris LLP, were on brief, for appellee The Patriot Group LLC.

Before TORRUELLA, LYNCH, and KAYATTA, Circuit Judges.


We hold in this case that a claim to payment that 50 Thomas Patton Drive, LLC ("Patton Drive") holds against Steven Fustolo ("Fustolo") "is not contingent as to liability or the subject of a bona fide dispute as to liability or amount" within the meaning of section 303(b)(1) of the Bankruptcy Code. 11 U.S.C. § 303(b...

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