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IN RE KIRBY

Bankruptcy No. 06-11833-FJB. Adversary No. 08-1286.

403 B.R. 169 (2009)

In re Gerard M. KIRBY, Debtor. Warren E. Agin, as he is Chapter 7 Trustee, Plaintiff v. Suzanne M. Kirby, Defendant.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

April 8, 2009.

Attorney(s) appearing for the Case

Warren E. Agin, Swiggart & Agin, LLC, Boston, MA, for Plaintiff.

William McElligott, Pembroke, MA, for Defendant.

MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S REQUEST FOR ABSTENTION

FRANK J. BAILEY, Bankruptcy Judge.

By his complaint in this adversary proceeding, the Chapter 7 Trustee, Warren E. Agin, seeks (i) a declaratory judgment that the debtor, and therefore his bankruptcy estate, owns a one-half interest in his former marital residence free of any claim or interest in favor of his former...

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