Legal Opinion

Anketell v. Smith (In re Anketell)

United States Bankruptcy Court, D. Massachusetts

Decided March 13, 2017No. Case No. 15-11362-FJB; Adversary Proceeding No. 15-1117-FJB, Adversary Proceeding No. 15-1124-FJBPublished

1Opinion of the Court

MEMORANDUM OF DECISION

Frank J. Bailey, United States Bankruptcy Judge

I. Overview

In or around October 2014, Timothy Smith and Theresa DiPiro (the “Smiths”) hired Ground Up Construction, Inc. (“Ground Up Construction”), which was owned and operated by the chapter 7 debt- or, Damian Anketell (“Anketell”), to per*15form an extensive renovation on their home in Newburyport, Massachusetts. In or around April 2015, after running out of funds, Anketell and Ground Up Construction abruptly stopped work on the Smiths’ renovation leaving the home with an exposed roof and no heating on the second floor. The…

2Cases cited15 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  3. Field v. MansSupreme Court of the United States · 1995
  4. Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
  5. McCrory v. Spigel (In Re Spigel)Court of Appeals for the First Circuit · 2001

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