CD-Titles Seeks to Attach Deaver
Brown's Assets
UNITED
STATES BANKRUPTCY COURT
DISTRICT
OF MASSACHUSETTS
In Re: )
)
CD TITLES, INC., ) CHAPTER 7
Debtor ) CASE NO. 98-17026-JNF
Mark
DeGiacomo, Esq., Chapter 7 Trustee )
For the
Estate of CD Titles, Inc., )
Plaintiff )
) Adversary Proceeding
v. ) Case no.
)
David Deaver
Brown, individually and )
Doing
Business as Simply Media; Simply )
Magazine,
Inc.; and Simply Media, Inc. )
PLAINTIFF’S
MOTION FOR ATTACHMENT
Pursuant to Bankruptcy Rule 7064 and FRCP, Rule 64, the plaintiff, Mark
DeGiacomo, Esq., Chapter 7 Trustee for the Estate of CD Titles (“CD
Titles”), respectfully moves this Honorable Court to permit it to make a real
estate attachment in the amount of Two Million ($2,000,000) Dollars, or such
other amount as is approved by this court, of all rights, title and interest in
real estate in which the defendants own an interest (directly or indirectly) including but not limited to the following real
property:
a. 59 South Great Road, Lincoln, Massachusetts;
b. 3 Fisher Mountain Road, Campton, New Hampshire;
c. all real property held in the name of the First Marcus Trust (declaration
of trust dated February 14, 1992 and recorded at Middlesex County Registry of
Deeds, Book 21775, Page 491) ; and
d. all real property held in the name of 59 South Great Road Nominee Trust
(declaration of trust dated November 19, 1991 and recorded at Middlesex County
South Registry of Deeds, Book 21546, Page 556).
As grounds, CD Titles asserts as follows:
1. CD Titles has this day filed an adversary proceeding against the
above-captioned defendants, alleging fraudulent conveyance of literally all of
CD Titles’ assets by the former principal of CD Titles, David Deaver Brown
(“Brown”), to Brown and Brown’s related corporate entities, the defendants
Simply Magazine, Inc. and Simply Media, Inc.
2. As established by the Complaint and attachments thereto, as well as the Affidavit of Mark DeGiacomo, Esq.,
liability is clear in this matter.
3. CD Titles has to date suffered damages in excess of 1.5 Million Dollars.
4. Therefore, there is a reasonable likelihood that CD Titles will recover
judgment against the defendants.
5. There is no liability insurance known to CD Titles available to satisfy
any judgment rendered in its favor. See, Certificate Of No Liability Insurance, filed herewith.
6. If an Attachment does not issue in this matter, the defendants will be
free to continue their pattern of conveying assets to hinder and defeat
creditors, leaving CD Titles without the means to secure a judgment in this
matter where liability is clear.
Wherefore, CD Titles respectfully prays that, upon notice and after
hearing, this Court (Feeney, J.) will permit it to make a real estate as
described above.
Respectfully
submitted,
Mark DeGiacomo, Esq., Chapter 7
Trustee for the Estate of CD Titles, Inc.,
Plaintiff,
By his attorneys,
ROBINSON
& COLE LLP
_________________________________
James
D. Gotz BBO #567157
One
Boston Place
Boston,
MA 02108-4404
(617)
557-5900
Date:
August 7, 2000
