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IN RE WHITLEY

Bankruptcy No. 93-19652-JNF. Adv. No. 94-1008.

177 B.R. 142 (1995)

In re Earle K. WHITLEY, Debtor. Earle K. WHITLEY, Plaintiff, v. RHODES FINANCIAL SERVICES, INC., Defendant.

United States Bankruptcy Court, D. Massachusetts, Bankruptcy Division.

January 24, 1995.

Attorney(s) appearing for the Case

John Roddy of Grant & Roddy, Boston, MA, for debtor.

Kevin J. Simard, Riemer & Braunstein, Boston, MA, for Counsel to Chapter 7 trustee in Rhodes Financial Services, Inc.

Ernest L. Sarason, Jr., Asst. Atty. Gen., Consumer Div., Boston, MA, for Com. of Massachusetts.

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. PROCEDURAL BACKGROUND

The matter before the Court is the Motion for Partial Summary Judgment filed by the Plaintiff, Chapter 13 Debtor Earle K. Whitley (the "Plaintiff" or the "Debtor"), in his adversary proceeding against Rhodes Financial Services, Inc. (the "Defendant" or "Rhodes"), which adversary proceeding was filed on January 6, 1994. In addition to seeking damages and a determination...

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