Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 71 (2026)

Attachment of shares of stock prohibited

✓ current as of July 2026
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Section 71. Shares of stock shall not be attached in a civil action in which only money damages are sought.

Notes of Decisions
Cited in 8 cases, 1979–2014 · leading case: DeNadai v. Preferred Capital Markets, Inc., 272 B.R. 21 (D. Mass. 2001).
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DeNadai v. Preferred Capital Markets, Inc., 272 B.R. 21 (D. Mass. 2001). · cites it 2× “He reasons as follows: (1) under Massachusetts law, “[s]hares of stock shall not be attached in a civil action in which only money damages are sought,” Mass. Gen. Laws ch. 223, § 71 ; (2) although, generally speaking, stock is subject to the equitable remedy of reach and apply,…”
Anderson Foreign Motors, Inc. v. New England Toyota Distrib., Inc., 475 F. Supp. 973 (D. Mass. 1979). “223, § 42, stock cannot be attached in an action seeking only money damages, M.G.L. c. 223, § 71. But see, Krohn Hite v.”
Bakwin v. Mardirosian, 6 N.E.3d 1078 (Mass. 2014). “See G. L. c. 223, § 71. See also G. L. c. 109A, § 8 (a) (2) (requiring that any prejudgment equitable remedies obtained under UFTA adhere to procedures set forth in statutes governing those remedies).”
In Re MacDonald, 326 B.R. 6 (Bankr. D. Mass. 2005). “2001), in which the court held that a debtor could not exempt certain stock options in reliance upon Mass. Gen. Laws ch. 223, § 71 which provides that shares of stock cannot be,attached in a civil action in which only money damages are sought.”
In Re DeNadai, 259 B.R. 801 (Bankr. D. Mass. 2001). “Mass.Gen.Laws ch. 223, § 71 concerns attachment as a collection action to satisfy money damages.”
Cellceutix Corp. v. Nickless (In re Formatech, Inc.), 496 B.R. 26 (Bankr. D. Mass. 2013). “Moreover, the trustee has not addressed the impact of Mass. Gen. Laws ch. 223 § 71 which prohibits the attachment of stock in a civil action in which only money damages are sought.”
S. New England Tel. Co. v. Global Naps, Inc., 595 F. Supp. 2d 155 (D. Mass. 2009). · cites it 2× “Other Arguments Against the Issuance of a Preliminary Injunction In addition to arguing that the requirements for issuing a preliminary injunction have not been met, Convergent and Gangi also contend that this Court does not have the power to issue a preliminary injunction in…”
Murray v. Lyon (In Re Cohn), 11 B.R. 611 (Bankr. D. Mass. 1981). “1; M.G.L. c. 223, § 71, and that state law appears to provide a procedure for preventing the disposition of the types of property sought to be enjoined here.”
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