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IN RE RICCITELLI

Bankruptcy No. 02-10032-RS. Adversary No. 04-1300.

320 B.R. 483 (2005)

In re Ronald RICCITELLI, Debtor. Debora Casey, Chapter 7 Trustee, Plaintiff, v Thomas Grasso, Defendant.

United States Bankruptcy Court, D. Massachusetts.

February 7, 2005.

Attorney(s) appearing for the Case

Sara Discepolo, Boston, MA, for Defendant.

Marshall Newman, Boston, MA, for Plaintiff.

Michael Betcher, Lexington, MA, for Debtor's Probate Estate.

MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS

ROBERT SOMMA, Bankruptcy Judge.

By her complaint in this adversary proceeding, the Chapter 7 Trustee seeks to liquidate the Debtor's cause of action against his bankruptcy attorney for malpractice: the attorney allegedly failed to file the Debtor's declaration of homestead before filing the Debtor's Chapter 7 petition, resulting in loss to the Debtor of the value of his Massachusetts homestead...

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