F&B Enterprises Trustee Seeks a Declaratory Judgment Avoiding 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 a 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.

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