Boyajian v. DeFusco (In Re Giorgio)
District Court, D. Rhode Island
1Opinion of the Court
OPINION
FRANCIS J. BOYLE, Chief Judge.
This is an appeal from a decision of the Bankruptcy Court reported at 62 B.R. 853, July 2, 1986. 1 The Appellants claimed to be creditors of the bankrupts. They come to this Court, however, as debtors, rather than creditors. How this happened, why it happened, and whether or not it should have happened will be the subject of this opinion.
Pasco DeFusco deceased in May of 1981, survived by his wife Anita and his son Alan. The bankruptcy proceeding was begun by Frank and Pauline Giorgio in 1983. Appellants Alan J. DeFusco and Anita De-Fusco are executors of…
2Cases cited20 opinions
- Brown v. FelsenSupreme Court of the United States · 1979
- Baldwin v. Iowa State Traveling Men's Assn.Supreme Court of the United States · 1931
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- Heiser v. WoodruffSupreme Court of the United States · 1946
- Gunn Plumbing, Inc. v. Dania BankSupreme Court of Florida · 1971
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3Cited by7 opinions
- Barnett v. SternCourt of Appeals for the Seventh Circuit · 1990
- 27 Collier bankr.cas.2d 1112, Bankr. L. Rep. P 74,813, 20 Ucc rep.serv.2d 1008 in Re Baker & Getty Financial Services, Inc., Debtors. First National Bank of Barnesville, (91-3200), Plaintiff/cross-Appellant (91-3199) v. Carl D. Rafoth, Trustee for Baker & Getty Financial Services, Inc., Baker & Getty Diversified, Inc., Baker & Getty Securities, Inc., Philip Cordek and Suzan Bierman Cordek, (91-3195), Defendants/cross-Appellants (91-3269)Court of Appeals for the First Circuit · 1992
- In Re Frank Giorgio and Pauline Giorgio, Debtors. John Boyajian, Trustee v. Alan J. Defusco, Etc.Court of Appeals for the First Circuit · 1988
- First National Bank of Barnesville v. Rafoth (In re Baker & Getty Financial Services, Inc.)Court of Appeals for the Sixth Circuit · 1992
- Barnett v. SternCourt of Appeals for the Seventh Circuit · 1990
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