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Tilcon Capaldi, Inc. v. Feldman

State "reach and apply" statute applied with full force to debtor's trust and joint venture interests despite claim that interests could not be reached because joint venture agreements, entered into after trusts were formed, made interests unassignable.

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APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Richard G. Stearns, U.S. District Judge]

In 1986, Tilcon Capaldi, Inc. (“Tilcon”), a Rhode Island general contractor, sued to enforce a mechanics’ lien against Commercial Associates (“CA”), a Massachusetts partnership for whom Tilcon had done site work required for construction of a shopping center. After extended and ramifying litigation in both state and federal court, Tilcon obtained a judgment in 1992 in the federal district court in Rhode Island for over $1 million in contract damages and ever mounting interest. *fn1 The judgment identified both CA and its general partners as liable, without specifying whether the parties were jointly or severally liable or whether they were liable in their individual or partnership capacity.

Eventually, Tilcon registered the judgment with the federal district court in Massachusetts. 28 U.S.C. � 1963 (1994 & Supp. II 1996). In April 1997, that court issued a writ of execution, mounting interest bringing the sum due to almost $1.8 million. Unlike the Rhode Island district court judgment, this initial Massachusetts judgment specified that CA and the general partners were jointly and severally liable for the judgment. Once again, the judgment did not state the capacity in which the partners were liable. Jerald Feldman was one of CA’s general partners named in the judgment.

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