PICCICUTO v. DWYER

Nos. 94-1726, 94-1735.

39 F.3d 37 (1994)

Richard PICCICUTO d/b/a Sheehan's Cafe, Plaintiff-Appellant, v. Ralph E. DWYER, Defendant-Appellee. Richard PICCICUTO, Plaintiff-Appellant, v. Linda L. REX, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided November 9, 1994.


Attorney(s) appearing for the Case

Steven Weiss, with whom Shatz, Schwartz and Fentin, P.C., Springfield, MA, Richard M. Howland, and Law Offices of Richard M. Howland, Amherst, MA, were on brief for appellant, David J. Noonan, with whom Cohen, Rosenthal, Price, Mirkin & Wernick, Springfield, MA, for trustee in bankruptcy.

John A. Burdick, Jr., with whom Burdick & DiLeo, P.C., Worcester, MA, was on brief for appellees.

Before CYR, Circuit Judge, BOWNES, Senior Circuit Judge, and McAULIFFE, District Judge.


BOWNES, Senior Circuit Judge.

Creditor-appellant Richard M. Piccicuto commenced this adversary proceeding in the bankruptcy court which sought to have a judgment debt owed him by debtors-appellees Ralph E. Dwyer and Linda Rex ("the landlords") declared nondischargeable under 11 U.S.C. § 523(a)(6) (1989).1 Subsequently, he filed a motion for summary judgment on his claim. The bankruptcy court not only denied his motion, it sua sponte...

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