IN RE ART & CO., INC.

Bankruptcy No. 92-18825-JNG. Civ. A. No. 94-10875-JLT. Adv. Nos. 93-1884, 94-1646.

185 B.R. 654 (1995)

In re ART & CO., INC., d/b/a Artyfacts, Debtor. Paul J. GRELLA, Chapter 7 Trustee, Plaintiff, v. Peter ZIMMERMAN, et al., Defendants.

United States District Court, D. Massachusetts.

August 22, 1995.


Attorney(s) appearing for the Case

Stewart F. Grossman, Looney & Grossman, Boston, MA, for plaintiff Paul J. Grella.

Samuel Perkins, Morrison, Mahoney & Miller, Boston, MA, for defendants Peter Zimmerman, Silverman & Kudisch, P.C.

Rosalie Anjoorian, Waltham, MA, defendant/pro se.


MEMORANDUM AND ORDER

TAURO, Chief Judge.

This case is before the court on plaintiff's 28 U.S.C. § 157(d) motion for withdrawal of the reference from Bankruptcy Court. In ruling on this motion, the court must consider the applicability of Federal Rule of Civil Procedure 38(d) to adversary proceedings filed in Bankruptcy Court.

I. FACTS

Plaintiff Paul Grella is trustee for Art & Company, debtor-in-bankruptcy. On Art & Company...

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