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BRAUNSTEIN v. DANN OCEAN TOWING, INC.

Civil Action Nos. 06-10910-WGY, 06-12027-WGY.

383 B.R. 362 (2008)

Joseph BRAUNSTEIN, Chapter 7 Trustee of TMG Holdings, LLC, Plaintiff, v. DANN OCEAN TOWING, INC., Defendant/Third Party Plaintiff v. Edwin A. McCabe and Karren K. McCabe, Third Party Defendants. Joseph Braunstein, Chapter 7 Trustee of TMG Holdings, LLC, Plaintiff v. Edwin A. McCabe and Karren K. McCabe, Defendants.

United States District Court, D. Massachusetts.

March 11, 2008.

Attorney(s) appearing for the Case

John David Blaisdell, Regan & Kiely, LLP, Boston, MA, for Dann Ocean Towing, Inc. (Defendant).

Mark W. Corner, Riemer & Braunstein LLP, Boston, MA, for Dann Ocean Towing, Inc. (ThirdParty Plaintiff), Joseph Braunstein (Plaintiff).

Joseph A. Regan, Regan & Kiely, LLP, Boston, MA, for Craig J. Ziady (Defendant), Joseph Braunstein (Counter Defendant), Dann Ocean Towing, Inc. (Defendant).

Joseph H. Reinhardt, Atty. at Law, Boston, MA, for Dann Ocean Towing, Inc. (ThirdParty Plaintiff), Karren McCabe (ThirdParty Defendant).

FINDINGS AND RULINGS1

YOUNG, District Judge.

I. INTRODUCTION

Joseph Braunstein ("Trustee"), the Chapter 7 trustee of TMG Holdings, LLC, brings this turnover claim pursuant to 11 U.S.C. § 542 against Edwin A. and Karren K. McCabe (collectively, "the McCabes"). The Trustee seeks $77,572.69 that the McCabes received from a third party pursuant to an insurance settlement after the Esperaunce,<...

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