Braunstein v. Lowenstein (In Re Lowenstein)

MEMORANDUM

JOAN N. FEENEY, Chief Judge.

I. INTRODUCTION

The matter before the Court is the Defendants’ Motion for Judgment on the Pleadings. The Court heard the Motion for Judgment on the Pleadings and the Trustee’s Opposition on May 5, 2004. Following the hearing, the Chapter 7 Trustee submitted copies of the following documents which were executed under seal by Gary S. Lowenstein (the “Debtor”) or his business partner, Michael Tulman (“Tul-man”): 1) a $1,500,000.00 Mortgage Note to Bank of New England, N.A., dated June 9, 1987;2) a $125,000.00 Demand Loan Note to Boston Safe Deposit and Trust…