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IN RE CHOINSKI

BAP No. MW 97-013.

214 B.R. 515 (1997)

In re Edward J. CHOINSKI and Mildred B. Choinski. Richard J. BIRCH, Plaintiff/Appellant, v. Edward J. CHOINSKI and Mildred B. Choinski, Defendant/Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

November 18, 1997.

Attorney(s) appearing for the Case

John R. Getsinger was on brief for Appellant.

Richard S. Hackel was on brief for Appellees.

Before VOTOLATO, HAINES and VAUGHN, Bankruptcy Judges.

Memorandum of Decision

HAINES, Bankruptcy Judge.

After taking testimony and considering Richard Birch's offer of proof, the bankruptcy court concluded that Birch, a creditor of Epicor Technology, Inc., a Chapter 7 debtor in its own right, had no claim against Chapter 13 debtors Edward and Mildred Choinski, Epicor's principals. For the reasons set forth below, we affirm.

Background

Following a twenty-year career at Polaroid...

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