IN RE COLETTA BROS. OF NORTH QUINCY, INC.

Bankruptcy Adv. No. A94-1063, No. 93-17356-CJK.

172 B.R. 159 (1994)

In re COLETTA BROS. OF NORTH QUINCY, INC., Debtor. Stephen S. GRAY, Trustee, Plaintiff, v. George G. BURKE, Defendant.

United States Bankruptcy Court, D. Massachusetts.

September 16, 1994.


Attorney(s) appearing for the Case

Andrew D. Cummings, Boston, MA, for plaintiff.

David E. Cunningham, Quincy, MA, for defendant.


MEMORANDUM OF DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

CAROL J. KENNER, Bankruptcy Judge.

The principal issue presented by these motions is whether, under Massachusetts law, G.L. c. 184, § 17, a Chapter 7 Trustee is bound by a prepetition judgment against the Debtor to partition by sale certain real property of which the Debtor is a co-owner, where the other co-owner recorded a notice of the partition action but not the judgment...

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