Gray v. Burke (In Re Coletta Bros. of North Quincy, Inc.)

MEMORANDUM OF DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

CAROL J. KENNER, Bankruptcy Judge.

The principal issue presented by these motions is whether, under Massachusetts law, G.L. c. 184, § 17, a Chapter 7 Trustee is bound by a prepetition judgment against the Debtor to partition by sale certain real property of which the Debtor is a co-owner, where the other co-owner recorded a notice of the partition action but not the judgment, the judgment entered more than sixty days before the Debtor filed his bankruptcy petition, and the Trustee invokes his rights under 11 U.S.C. §…