PROVENCHER v. BERMAN

Nos. 82-1422, 82-1454.

699 F.2d 568 (1983)

Leroy A. PROVENCHER, et al., Defendants, Appellees, v. Eugene B. BERMAN, Trustee, Plaintiff, Appellant. Leroy A. PROVENCHER, et al., Defendants, Appellants, v. Eugene B. BERMAN, Trustee, Plaintiff, Appellee.

United States Court of Appeals, First Circuit.

Decided February 3, 1983.


Attorney(s) appearing for the Case

Louis Kerlinsky, P.C., Springfield, Mass., for Eugene Berman, trustee.

David D. Patterson, Boston, Mass., with whom Albert F. Cullen, Jr., and Cullen & Wall, Boston, Mass., were on brief, for Leroy A. Provencher, et al.

Before BROWN, Senior Circuit Judge, BOWNES and BREYER, Circuit Judges.


BREYER, Circuit Judge.

This court first considered this case three years ago. See Berman v. Provencher, 614 F.2d 823 (1st Cir.1980) (Provencher I). In an opinion that criticized the bankruptcy court's decision, the state of the record, and the parties' briefs, we wrote that the bankrupt Provenchers had improperly failed to disclose to the trustee Berman one of their important assets — namely, an equitable interest...

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