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IN RE SMITH AND KOURIAN

BAP No. NH 96-078, Bankruptcy No. 91-13239-JEY, Adversary No. 96-1163.

216 B.R. 686 (1997)

In re SMITH AND KOURIAN, A General Partnership, Charles H. Smith and Richard D. Kourian, Debtors. Charles H. SMITH, Plaintiff/Appellant, v. MORTGAGE FUNDING CORPORATION, Defendant/Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

December 23, 1997.

Memorandum of Decision

HAINES, Bankruptcy Judge.

Appellant Charles H. Smith characterizes the matter before us as concerning the bankruptcy court's partial dismissal of an adversary proceeding aimed at obtaining redress for Mortgage Funding Corporation's ("MFC") initiation of a state court foreclosure action "notwithstanding the terms" of a confirmed Chapter 11 plan. Because we conclude that MFC's post-confirmation foreclosure action is consistent...

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