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IN RE FADILI

Bankruptcy No. 04-10594-WCH, Adversary No. 06-1101.

365 B.R. 7 (2007)

In re Denise M. FADILI, Debtor. Stewart F. Grossman, Chapter 7 Trustee, Plaintiff, v. David B. Madoff as Creditor Trustee Under Confirmed Plan of Reorganization of Mahoney Hawkes, LLP, et al., Defendant.

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

March 15, 2007.

Attorney(s) appearing for the Case

Georgia Asimakopoulos, Melvin S. Hoffman, Perry A. Henderson, Jr., Looney & Grossman, Boston, MA, for Plaintiff.

John F. Davis, Beverly, MA, for Debtor.

Clive D. Martin, Robinson & Cole LLP, Boston, MA, George J. Nader, Riley & Dever, P.C., Lynnfield, MA, for Defendant.

MEMORANDUM OF DECISION REGARDING MOTIONS FOR SUMMARY JUDGMENT

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. Introduction

Stewart F. Grossman, Chapter 7 Trustee (the "Trustee"), filed this adversary proceeding to determine the rights of various claimants to the surplus funds from the foreclosure of a mortgage on real estate of Denise M. Fadili (the "Debtor"). The Trustee further seeks to avoid a mortgage which the Debtor granted to Riley & Dever...

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