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IN RE ALLEN

No. 11-31287-HJB, C.A. No. 12-cv-30012-MAP.

In Re JOHN E. ALLEN, ET AL, Chapter 11, Debtors. JOHN E. ALLEN, ET AL., Appellants, v. RICHARD KING, ET AL., Appellees.

United States District Court, D. Massachusetts.

March 22, 2012.

Attorney(s) appearing for the Case

John E. Allen, Appellant, represented by Lawrence R. Ehrhard , Law Offices of Lawrence R. Ehrhard.

Barbara M. Cordi-Allen, Appellant, represented by Lawrence R. Ehrhard , Law Offices of Lawrence R. Ehrhard.

Richard King, Appellee, represented by Richard T. King , Office of the US Trustee.

Gary M. Weiner, Appellee, represented by Gary M. Weiner , Weiner & Lange PC.

John E. Allen, Debtor, represented by Lawrence R. Ehrhard , Law Offices of Lawrence R. Ehrhard.

Barbara M. Cordi-Allen, Debtor, represented by Lawrence R. Ehrhard , Law Offices of Lawrence R. Ehrhard.

MEMORANDUM AND ORDER REGARDING APPEAL FROM BANKRUPTCY COURT RULING

(Dkt. No. 8)

MICHAEL A. PONSOR, District Judge.

The issue presented by this bankruptcy appeal is straightforward: Did the bankruptcy judge err when he appointed the trustee in this Chapter 11 bankruptcy proceeding sua sponte?1 the answer to this question may be found in the bankruptcy statute at 11 U.S.C. § 105(a), which provides...

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