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IN RE FRADEN

No. 02-41498-HJB.

317 B.R. 24 (2004)

In re Enrique M. FRADEN, Sr., Debtor.

United States Bankruptcy Court, D. Massachusetts.

November 8, 2004.

Attorney(s) appearing for the Case

Michael J. Early, Haverhill, MA, Richard D. Gaudreau, for Debtor.

M. Ellen Carpenter, Roach & Carpenter, P.C., Boston, MA, for Windsor Thomas Group.

David M. Nickless, Nora K. McLaughlin, Nickless & Phillips, P.C., Fitchburg, MA, for Chapter 7 Trustee.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before this Court are cross motions for partial summary judgment. The underlying dispute arises from the objection of David M. Nickless as Chapter 7 trustee (the "Trustee") to the secured claim filed by creditor Windsor Thomas Group, Inc. ("Windsor Thomas"). Windsor Thomas claims to hold a security interest in the realized proceeds from the Trustee's sale of the income stream from a winning...

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