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IN RE TURNER

Bankruptcy No. 82-00930L.

80 B.R. 618 (1987)

In re John C. TURNER, Alleged Debtor.

United States Bankruptcy Court, D. Massachusetts.

December 9, 1987.

Attorney(s) appearing for the Case

Judy Mencher, Goodwin, Procter & Hoar, Boston, Mass., for John C. Turner, alleged debtor.

George W. Mykulak, Goldstein & Manello, Boston, Mass., for petitioning creditors.

Kitt Sawitsky, Goulston & Storrs, Boston, Mass., for Federal Distillers petitioning creditor.

Charles L. Glerum, Choate, Hall & Stewart, Boston, Mass., for petitioning creditors Whitehall Company, Ltd., Crown Distributors, Inc.

Jennifer R. Seton, Nutter, McClennen & Fish, Boston, Mass., for petitioning creditor August A. Busch & Co. of Mass.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

This case presents the question, in an unusual factual and legal setting, of whether an alleged debtor in a dismissed involuntary Chapter 7 petition is entitled to recover damages against the petitioning creditors on the ground that they filed the petition in bad faith. A primary issue involved is the extent to which protection is afforded by the opinion of counsel to the petitioning creditors that the petition...

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