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IN RE 1236 DEVELOPMENT CORP.

Bankruptcy No. 93-41990-HJB. Adv. No. 94-4320.

188 B.R. 75 (1995)

In re 1236 DEVELOPMENT CORP., Debtor. Stephan M. RODOLAKIS, Chapter 11 Trustee, v. Dr. Andrew CHERTOFF, Defendant.

United States Bankruptcy Court, D. Massachusetts.

November 3, 1995.

Attorney(s) appearing for the Case

Carl Aframe, for Chapter 11 Trustee.

John Stocks, for Defendant.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

The matter before the Court arises from an adversary proceeding, filed by Stephan M. Rodolakis, Chapter 11 Trustee (the "Trustee" or "Plaintiff") against Dr. Andrew Chertoff ("Chertoff" or the "Defendant"). The Complaint seeks equitable subordination, pursuant to 11 U.S.C. § 510(c), of a mortgage given to Chertoff by the debtor 1236 Development Corporation (the "Debtor"). After a trial...

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