Legal Opinion

In Re Bottone

United States Bankruptcy Court, D. Massachusetts

Decided November 4, 1998No. 19-10536PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is a “Motion for Determination of Claim Status” (the “Motion”) filed by L. Jed Berliner (the “Claimant”), former counsel to Joseph A. Bottone, (the “Debtor”). The questions presented are whether' a claim held by an attorney for services rendered in a Chapter 7 case later converted to a case under Chapter 13 is (1) stayed from collection and/or (2) must be paid through a Chapter 13 plan.

I. FACTS AND PRIOR PROCEEDINGS

The relevant facts are undisputed.

On November 30, 1995, Bottone Remode-lers, Inc. (the “Corporation”) and…

2Cases cited31 opinions

  1. Duffy Petit v. FessendenCourt of Appeals for the First Circuit · 1996
  2. Bellini Imports, Ltd. v. The Mason and Dixon Lines, Inc.Court of Appeals for the Fourth Circuit · 1991
  3. McDonough v. Plaistow Cooperative Bank (In Re McDonough)United States Bankruptcy Court, D. Massachusetts · 1994
  4. In Re Derald E. Young and Mary P. Young, Debtors. Derald E. Young and Mary P. Young v. Key Bank of MaineCourt of Appeals for the First Circuit · 1995
  5. In Re WoodallUnited States Bankruptcy Court, E.D. Arkansas · 1987

26 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In Re: Century Cleaning Services, Inc. Debtor, United States Trustee v. Garvey, Schubert & Barer Michael Batlan, TrusteeCourt of Appeals for the Ninth Circuit · 1999
  2. In Re TomsUnited States Bankruptcy Court, E.D. Pennsylvania · 1999
  3. In Re ColburnUnited States Bankruptcy Court, D. Oregon · 1999
  4. In re GenatossioUnited States Bankruptcy Court, D. Massachusetts · 2015
  5. Cohn v. Board of Professional ResponsibilityTennessee Supreme Court · 2004

11 more not listed; retrieve them via the Exa API.

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