United States First Circuit

The district court's dismissal for failure to state a claim in a case where the plaintiff alleged that the defendant violated the Bankruptcy Code, 11 U.S.C section 362(a), was improper because defendant's alleged statement could "reasonably be deemed tantamount to a threat" of immediate action against plaintiff.

Appellate Information

• Decided 10/09/2003
• Published 10/09/2003

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, STAPLETON, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Terrie Harman, with whom Watson, Bosen, Harman, Venci & Lemire, PA and Elizabeth Cazden, were on brief, for appellant.


• For Appellees:
  
• James S. LaMontagne, with whom Sheehan Phinney Bass + Green, was on brief, for appellee Randall L. Pratt., Michael S. Askenaizer, with whom Law Office of Michael S. Askenaizer, PLLC, was on brief, for appellee Premier Capital, Inc.