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IN RE JOJO'S 10 RESTAURANT, LLC

Bankruptcy No. 10-41983-MSH. Adversary No. 10-04083.

455 B.R. 321 (2011)

In re JOJO'S 10 RESTAURANT, LLC, Debtor. Jojo's 10 Restaurant, LLC, Plaintiff v. Devin Properties, LLC et al., Defendants.

United States Bankruptcy Court, D. Massachusetts, Central Division.

May 20, 2011.

Attorney(s) appearing for the Case

Advantage Capital Funds, LLC, pro se.

Joseph M. Downes, III , Demeo & Associates, P.C., Boston, MA, for Debtor/Plaintiff.

Brent J. Bass , Law Office of Brent J. Bass, P.C., Saugus, MA, Mark Foss , Fletcher Tilton & Whipple, P.C., Worcester, MA, Gina M. Barbieri , Mirick O'Connell , Westborough, MA, Jerry B. Plumb, Jr. , O'Connell, Plumb & MacKinnon, PC, Springfield, MA, Mark W. Powers , Bowditch & Dewey, Worcester, MA, for Defendants.

MEMORANDUM OF DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

MELVIN S. HOFFMAN, Bankruptcy Judge.

Before me are the motions for summary judgment of defendant, Devin Properties, LLC ("Devin"), and successor to plaintiff, the Chapter 7 trustee1 of the bankruptcy estate of JoJo's 10 Restaurant, LLC, the debtor in the main case.

Procedural Background

On April 4, 2010, the debtor commenced this case by filing a petition...

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