IN RE SHADDUCK

No. 93-41551-JFQ, Adv. Proceeding No. 96-4345.

208 B.R. 1 (1997)

In re Michael D. SHADDUCK and Andrea D. Shadduck, Debtors. Stephen M. RODOLAKIS, Chapter 7 Trustee, Plaintiff, v. Michael D. SHADDUCK, Enterprise Bank & Trust Co., Defendants.

United States Bankruptcy Court, D. Massachusetts.

May 6, 1997.


DECISION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This case presents the question whether a trustee in bankruptcy can prosecute allowed and nondischargeable claims of creditors for the purpose of collecting the claims from retirement benefits which are not part of the bankruptcy estate. Recognizing a division in the case law on a trustee's ability to enforce claims held by the general creditor body, I hold the trustee cannot do so. But I defer dismissal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases