IN RE BALLARINO

Civ. A. No. 94-10994-PBS.

180 B.R. 343 (1995)

In re Robert J. BALLARINO, Debtor. FOXBOROUGH SAVINGS BANK, Plaintiff-Appellee, v. Mary N. BALLARINO; and Richard A. Luccio, as Trustee of the Octoped Trust, Defendants-Appellants.

United States District Court, D. Massachusetts.

March 31, 1995.


Attorney(s) appearing for the Case

Richard F. Benway, Benway & Harrington, Westwood, MA, George R. Desmond, Framingham, MA, for appellants.

Joseph J. Brodigan, Langan, Dempsey & Brodigan, Boston, MA, for appellee.


OPINION AND ORDER ON DEFENDANTS' APPEAL FROM A FINAL ORDER OF THE UNITED STATES BANKRUPTCY COURT

SARIS, District Judge.

INTRODUCTION

The Bankruptcy Court held that a 1977 home mortgage granted by Robert and Mary Ballarino to the Foxborough Savings Bank ("the Bank") operates, through its dragnet clause, to secure the debt owed the Bank by Robert, as a result of the Bank's foreclosure on a commercial property he later acquired without his wife. On...

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