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FEINMAN v. LOMBARDO

Civil Action No. 95-12065-RCL.

214 B.R. 260 (1997)

Michael B. FEINMAN, Chapter 7 Trustee, Plaintiff, v. Vivien LOMBARDO, Individually and as Trustee of 49 Edge Hill Realty Trust, Pio Lombardo, as Trustee of 49 Edge Hill Trust, Defendants.

United States District Court, D. Massachusetts.

October 27, 1997.

Attorney(s) appearing for the Case

Michael B. Feinman, Andover, MA, Pro se.

Jeffrey J. Cymrot, Law Offices of Michael B. Feinman, Andover, MA, for Plaintiff.

John D. Hanify, Charles, A. Dale, Karen A. Whitley, Hanify & King, P.C., Boston, MA, Richard R. Blumenthal, Silverman & Kudisch, P.C., Boston, MA, for Defendants.

MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (# 17)

COLLINGS, United States Magistrate Judge.

I. Introduction

A trustee in bankruptcy brings this action seeking to have an alleged property interest of the debtor in his marital residence declared to be part of the bankruptcy estate. According to the trustee, the debtor's interest in the property is held in either a resulting trust or a constructive trust.

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