Proceeds of a Sale of Homestead Real Estate are Protected

WHY PROCEEDS OF A SALE OF HOMESTEADED REAL ESTATE ARE PROTECTED, IF AT ALL, ONLY BY STATE STATUTE AND NOT SECTION 522(c) OF THE BANKRUPTCY CODE cite as: 39 Business Law Review 99 (2006)   PASQUINA BRIEF (PDF) Issues discussed in this article are pending before the 1st Circuit in the case of William J. Pasquina PC. v Maurice Cunningham, No. 06-2786. Appellant’s brief available at: 4-9-07 First Circuit Brief of William J. Pasquina, P.C.
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Tenant as Implied Coinsured on Landlord’s Fire Policy

TENANT as IMPLIED COINSURED on LANDLORD’S FIRE POLICY – EXONERATION FROM NEGLIGENCE OR RATIONAL PUBLIC POLICY? cite as: 35 Business Law Review 83 (2002)  Tenant As Implied Coinsured (PDF) The Superior Court followed the rule established by Seaco v Barbosa, 435 Mass. 772 (2002) in the case of Seaco v L&S Realty Trust. See Appellee’s brief opposing the tenant’s appeal of the Superior Court finding in that case, No. 2003-P-471: Brief of SEACO Insurance Co., Plaintiff – Appellee (html)
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Responsible Persons in “Trust Fund” Tax Cases

A REVIEW OF THE FEDERAL AND MASSACHUSETTS STANDARD FOR “RESPONSIBLE PERSONS” IN “TRUST FUND” TAX CASES cite as: 34 Business Law Review 121 (2001) RESPONSIBLE PERSONS (PDF) After the Appeals Court remand in Fox v Commissioner of Revenue, 51 Mass. App. Ct. 336 (2001) after retrial the same issues pend in the Appeals Court No. 06P-263. The Appellant’s briefs in that case which was argued February 12, 2007 are available at: 6-30-06 Appellant Brief of Charles Fox in Mass. Appeals Court case No. 2006P-263 10-30-06 Reply Brief of Charles Fox in Mass. Appeals Court case No. 2006P-263
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Pending Appeal Cases

Other Pending Appeal Cases: Bedforder v Forgione and Jones, Mass. Appeals Court No. 2006-P-0878 The Land Court’s determination that defendant appellees had the benefit of an implied easement as to certain fire balconies was challenged in this case. Brief of Appellee and Opposition to Direct Appellate Review in the SJC which analyze implied easements provided upon request. For an earlier case between the same parties involving condo assessments and attorney’s fees. Brief of Appellee and Court issued rescript affirming Superior Court determination, SJC denial of Further Appellate Review and Appellee’s brief successfully opposing M.R.C.P. 60(b) motions are available upon request.
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