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BRAE ASSET FUND, L.P. v. KELLY

No. CIV. A. 98-40034-REK, No. 97-46107, Adversary No. 97-4355.

223 B.R. 50 (1998)

BRAE ASSET FUND, L.P. Appellant, v. Robert P. KELLY, Appellee. In re Robert P. KELLY, Debtor. Robert P. KELLY, Plaintiff, v. BRAE ASSET FUND, L.P., Defendant.

United States District Court, D. Massachusetts.

June 11, 1998.

Attorney(s) appearing for the Case

Reneau J. Longoria, Doonan & Graves, Salem, MA, for Appellant.

Robert F. Casey, Jr., Robert F. Casey, Jr. P.C., Harvard, MA, for Appellee.

Opinion

KEETON, District Judge.

This case is an appeal under 28 U.S.C. § 158(a) by the creditor-appellant, Brae Asset Fund, L.P., from certain final and interlocutory rulings and a judgment for the debtor-appellee, Robert P. Kelly, that the bankruptcy court, Queenan, B.J., ordered in the adversary proceeding cited in the caption.

This appeal concerns a "dragnet clause," or "after-acquired debt clause," in a residential mortgage and the authority...

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