Legal Opinion

Desmond v. Francis (In re Francis)

United States Bankruptcy Court, D. Massachusetts

Decided March 18, 2019No. Case No. 17-12708-FJB; Adversary Proceeding No. 18-1041PublishedCited by 3 opinions

1Opinion of the Court

Frank J. Bailey, United States Bankruptcy Judge

I. INTRODUCTION

By his one-count complaint in this adversary proceeding, John O. Desmond (the "Trustee"), as he is trustee of the estate in the chapter 7 bankruptcy case of debtor Paul Francis (the "Estate"), seeks authority under 11 U.S.C. § 363(h) to sell, with the Estate's interest in the real property located at 156 Norfolk Street, Boston, Massachusetts (the "Property"), the interest of co-owner Ruth Francis in the Property. The matter before the Court is the Trustee's Motion for Summary Judgment (the "Motion"). For the reasons set forth…

2Cases cited16 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Jose MEDINA-MUNOZ, Etc., Et Al., Plaintiffs, Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant, AppelleeCourt of Appeals for the First Circuit · 1990
  3. Morris v. Government Development BankCourt of Appeals for the First Circuit · 1994
  4. Triangle Trading Co. v. Robroy Industries, Inc.Court of Appeals for the First Circuit · 1999
  5. Desmond v. Varrasso (In Re Varrasso)Court of Appeals for the First Circuit · 1994

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3Cited by3 opinions

  1. Desmond v. EdrissiUnited States Bankruptcy Court, D. Massachusetts · 2021
  2. Milligan v. ValdesUnited States Bankruptcy Court, E.D. Tennessee · 2021
  3. Muhammed Al-IdrisiUnited States Bankruptcy Court, D. Massachusetts · 2021

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