DeRosa v. Boston Bakery & Italian Food Specialty, Inc. (In Re DeRosa)

DECISION AND ORDER

ARTHUR N. V0T0LAT0, Jr., Bankruptcy Judge.

On March 29, 1989, we entered a judgment in favor of the plaintiffs, the DeRo-sas, rescinding the June 6, 1986 franchise agreement, and awarding them damages in the amount of $36,342.24, after finding that the defendant franchisors, Carl DiStefano and the Boston Bakery and Italian Food Specialty, Inc. (“Boston Bakery”) had breached the franchise agreement. In that decision, we considered only plaintiffs’ breach of contract claim, which we believed (and still do believe) was dispositive. Left undecided in our June 6 decision, were…