Legal Opinion
Ford v. Duggan (In re Duggan)
United States Bankruptcy Court, D. New Hampshire
Decided May 12, 2017No. Bk. No. 15-11389-BAH; Adv. No. 15-1094-BAHPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
Bruce A. Harwood, Bankruptcy Judge
I. INTRODUCTION
The matter before the Court is the Complaint filed by Edmond J. Ford (the “Trustee”), Chapter 7 trustee of the estate of Kathleen M. Duggan (the “Debtor”), to sell certain real estate in Malden, Massachusetts free and clear of the interests of the co-owners pursuant to 11 U.S.C. § 363(h). The co-owners, James B. Duggan and William J. Duggan (collectively, the “Defendants”), oppose the sale, arguing that the detriment that they would suffer far exceeds any benefit the sale of the property will yield to the bankruptcy estate.…
2Cases cited14 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Moskal v. United StatesSupreme Court of the United States · 1990
- United States v. LaBonteSupreme Court of the United States · 1997
- United States v. Ven-Fuel, Inc.Court of Appeals for the First Circuit · 1985
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
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3Cited by4 opinions
- Heaney v. Lamento (In re Whiz Kids Development, LLC)United States Bankruptcy Court, D. Massachusetts · 2017
- Desmond v. EdrissiUnited States Bankruptcy Court, D. Massachusetts · 2021
- Milligan v. ValdesUnited States Bankruptcy Court, E.D. Tennessee · 2021
- Muhammed Al-IdrisiUnited States Bankruptcy Court, D. Massachusetts · 2021