Citizens Bank v. Callahan

The defendants appeal from a Superior Court judgment which orders the sale of property on Valentine Street in Fall River (the locus) found to have been fraudu*703lently conveyed by Joseph and Dale Callahan and directing that the proceeds be applied to the plaintiff bank’s claim. They argue that the bank is not entitled to such relief after Joseph’s discharge in bankruptcy. We disagree and affirm the judgment.

We take our facts as found by the judge after a jury-waived trial. Following a mortgage foreclosure sale in June, 1977, of property owned by Joseph on South Main Street in Fall River, the…