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IN RE GAUDETTE

Bankruptcy No. 96-12653-MWV. Adversary No. 99-1148-MWV.

268 B.R. 322 (2001)

In re Reginald GAUDETTE, Debtor. Richard R. Erricola, Trustee, Plaintiff, v. Thomas, Utell, Van De Water & Raiche, PA, Defendant.

United States Bankruptcy Court, D. New Hampshire.

September 26, 2001.

Attorney(s) appearing for the Case

Thomas J. Raftery, Carlisle, MA, for the Plaintiff.

Robert Daniszewski, Fusaro, Altomare & Ermilio, PC, Worcester, MA, for Thomas, Utell, Van De Water & Raiche, Defendant.

Ralph Holmes, McLane, Graf, Raulerson & Middleton, Manchester, NH, for McLane Graf, Raulerson & Middleton, Defendant.

David W. Carr, David W. Carr, P.C., Arlington, MA, for JAAJ Realty Corp., Interested Party.

MEMORANDUM OPINION

MARK W. VAUGHN, Chief Judge.

Before the Court is the Chapter 7 Trustee's ("Trustee") complaint seeking to recover $10,566.46 from the law firm of Thomas, Utell, Van De Water and Raiche, P.A. ("Defendant" or "firm"), constituting legal fees paid to the Defendant from assets of the OFS Pension Plan and Trust ("OFSPPT"). The Trustee alleges that the fees were improperly paid without court approval and in contravention of an agreement...

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