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IN RE GIORGIO

No. 88-1166.

862 F.2d 933 (1988)

In re Frank GIORGIO and Pauline Giorgio, Debtors. John BOYAJIAN, Trustee, Plaintiff, Appellant, v. Alan J. DeFUSCO, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 12, 1988.

Attorney(s) appearing for the Case

Andrew S. Richardson with whom Boyajian, Harrington & Richardson, Providence, R.I., was on brief for plaintiff, appellant.

Martin W. Aisenberg with whom Nicholas E. Tishler, Jones & Aisenberg, Zechariah Chafee and William J. McGair, Providence, R.I., were on brief for defendants, appellees.

Before COFFIN, ALDRICH and BREYER, Circuit Judges.

BREYER, Circuit Judge.

In 1977 Pasco DeFusco obtained a Rhode Island state court judgment for $38,500 against Frank and Pauline Giorgio. Pasco DeFusco died in 1981; the Giorgios went bankrupt in 1983. The DeFusco estate then tried to collect the judgment from the Giorgios' bankruptcy estate. The bankruptcy court refused to allow the DeFusco estate to collect the debt on the ground that it represented the proceeds of loans that Pasco had made to Frank Giorgio at usuriously...

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