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IN RE FANTASIA

BAP No. MW 96-072.

211 B.R. 420 (1997)

In re Myrna FANTASIA and Louis Fantasia, Debtors. The FIRST NATIONAL BANK OF BOSTON, Appellant, v. Myrna FANTASIA and Louis Fantasia, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

August 26, 1997.

Attorney(s) appearing for the Case

Kevin J. Simard, with whom Timothy M. Mitchelson and Riemer & Braunstein, Boston, MA were on brief for appellant.

Stephan M. Rodolakis, with whom Mark S. Foss and Peters, Barnhill, Massid & Rodolakis, Worcester, MA were on brief for appellees.

Before GOODMAN, LAMOUTTE and VAUGHN, Bankruptcy Judges.

PER CURIAM.

The debtors filed a Chapter 13 plan and a creditor objected. A non-evidentiary hearing was held and the bankruptcy court amended and confirmed the plan. The creditor alleges that the evidence was insufficient to support a finding that the plan was feasible. After reviewing the pertinent case law and the facts of this case, we find that the bankruptcy court abused its discretion by confirming the debtors' Chapter 13 plan.

I. FACTS AND PROCEDURAL...

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