SOMMER v. MAHARAJ

No. 04-P-591.

65 Mass. App. Ct. 657 (2006)

PAUL F. SOMMER v. SHANTEE MAHARAJ, executrix, & another; VANGUARD FIDUCIARY TRUST COMPANY & others, third-party defendants.

Appeals Court of Massachusetts, Middlesex.

March 3, 2006.


Attorney(s) appearing for the Case

John G.S. Flym for Santee Maharaj.

John R. Baraniak, Jr. (Kristin Moody with him) for Vanguard Fiduciary Trust Company & others.

Peter S. Brooks for the plaintiff.

John C. Ottenberg, pro se.

Present: Rapoza, Graham, & Katzmann, JJ.


GRAHAM, J.

This is an appeal by the estate of D. Dev Monga and the decedent's widow, Shantee Maharaj, from a Superior Court judge's orders allowing a court-appointed receiver to access and distribute their individual retirement accounts to satisfy a judgment entered in favor of Paul F. Sommer, the plaintiff in the underlying shareholder dispute. Although such accounts are generally protected from the claims of creditors...

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