Legal Opinion

In re Gervais

United States Bankruptcy Court, D. Massachusetts

Decided January 7, 2015No. 11-43531-MSHPublished

1Opinion of the Court

MEMORANDUM OF DECISION REGARDING PROCEEDS OF RULE 9019 COMPROMISE

MELVIN S. HOFFMAN, Bankruptcy Judge.

Anne J. White, the chapter 7 trustee of the estate of Joan Gervais, the debtor in this case, and Ms. Gervais’s prepetition divorce counsel, Kimberlie J. Sweet, are parties to a court-approved compromise pursuant to Fed. R. Bankr. P. 9019. Their dispute was over who had the superior claim to $15,377.02 representing Ms. Ger-vais’s share of proceeds from the sale of real estate. Ms. Sweet claimed a right in the proceeds by virtue of her pre-bank-ruptcy attachment of the real estate to secure her…

2Cases cited13 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. Schwab v. ReillySupreme Court of the United States · 2010
  3. Massey v. Pappalardo (Massey)Bankruptcy Appellate Panel of the First Circuit · 2012
  4. In Re: Stergios Messina v.Court of Appeals for the Third Circuit · 2012
  5. In Re US Flow Corp.United States Bankruptcy Court, W.D. Michigan · 2005

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