IN RE CAREY

BAP No. MB 97-028.

221 B.R. 571 (1998)

In re Michael D. CAREY and Cheryl A. Carey, Debtors. Michael D. CAREY and Cheryl A. Carey, Appellants, v. Richard ASKENASE, Standing Chapter 13 Trustee, and Source One Mortgage Services Corporation, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

May 6, 1998.


Attorney(s) appearing for the Case

Gerald F. Williamson, Brockton, MA, for Debtors/Appellants.

David G. Baker, Lawrence, MA, for Trustee/Appellee.

Laura L. Fitzgerald, Boston, MA, for Creditor/Appellee.

Before VOTOLATO, Chief Judge and LAMOUTTE and CARLO, Bankruptcy Judges.


PER CURIAM.

Michael D. Carey and Cheryl A. Carey ("debtors") appeal from an order of the United States Bankruptcy Court for the District of Massachusetts, dismissing their Chapter 13 petition pursuant to 11 U.S.C. § 109(g)(2). The facts are not in dispute.

I. Background

The debtors filed a petition under Chapter 13 of the Bankruptcy Code on June 30, 1993. The plan, which provided for payments over a five year period, was confirmed on August...

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