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IN RE FELICE

Bankruptcy No. 07-17589-FJB. Adversary No. 08-1355.

494 B.R. 160 (2013)

In re Ernest J. FELICE and Michelle Felice, Debtors. Harold B. Murphy, Plaintiff v. Ernest J. Felice, Michelle Felice, Danielle J. Felice and Ernest O. Felice, individually and in his capacity as Trustee of the Ernest O. Felice Family Trust, Defendants.

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

June 12, 2013.

Attorney(s) appearing for the Case

Kathleen R. Cruickshank , Murphy & King P.C., Boston, MA, for Plaintiff.

Jordan L. Shapiro , Shapiro & Hender, Maiden, MA, Kevin J. Kiely , Kiely & Ferrante, LLC, Gloucester, MA, for Defendants.

MEMORANDUM OF DECISION ON DEBTOR'S MOTION FOR DETERMINATION THAT HIS BENEFICIAL INTEREST IN A TRUST IS NOT PROPERTY OF THE ESTATE AND ON PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

FRANK J. BAILEY, Bankruptcy Judge.

I. INTRODUCTION

By his complaint in this adversary proceeding, the chapter 7 trustee, Harold Murphy ("Murphy"), seeks among other things a determination that the spendthrift clause...

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