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IN RE BUSCONE

BAP No. MB 21-005 Bankruptcy Case No. 19-10594-FJB Adversary Proceeding No. 19-01037-FJB.

634 B.R. 152 (2021)

Mary E. BUSCONE, d/b/a FroYo To Go, Debtor. Ann Tracy Botelho, Plaintiff-Appellee, v. Mary E. Buscone, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the First Circuit.

December 21, 2021.

Attorney(s) appearing for the Case

David G. Baker, Esq. , Boston, on brief for Defendant-Appellant.

Thomas C. LaPorte, Esq. , on brief for Plaintiff-Appellee.

Before Godoy, Harwood, and Fagone, United States Bankruptcy Appellate Panel Judges.

Ann Tracy Botelho filed a complaint seeking a determination that the debt owed to her by Mary E. Buscone was excepted from discharge in Buscone's chapter 7 case. Buscone responded with a motion to dismiss, arguing that judicial estoppel barred Botelho's complaint because Botelho had failed to disclose...

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