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IN RE SUMMERFIELD PINE MANOR

BAP No. MW 97-049.

219 B.R. 637 (1998)

In re SUMMERFIELD PINE MANOR. SISTERS OF PROVIDENCE HEALTH SYSTEM, INC., Appellant, v. SUMMERFIELD ELM MANOR, Summerfield Pine Manor, Summerfield Oak Manor, Inc. and H-C Health Services, Inc. d/b/a Meadowood, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

April 16, 1998.

Attorney(s) appearing for the Case

Maurice M. Cahillane and Egan, Flanagan and Cohen, P.C., Springfield, MA, for appellant.

Michael J. Goldberg, Hill & Barlow, Boston, MA, for Official Unsecured Creditors Committee.

Gregory S. Gilman, Assistant Attorney General, Boston, MA, Pro se.

George W. Tetler, Mark Powers, Bowditch & Dewey, L.L.P., Worcester, MA, for Summerfield Pine Manor, Inc.

Before GOODMAN, HAINES and CARLO, U.S. Bankruptcy Judges.

PER CURIAM.

This is an appeal from an order of the United States Bankruptcy Court for the District of Massachusetts dated June 18, 1997 denying the motion of appellant, Sisters of Providence Health Systems, Inc. ("SPHS" or "Appellant") for mandatory abstention pursuant to 28 U.S.C. § 1334(c)(2) ("Abstention Motion"), denying relief from the automatic stay pursuant to 11 U.S.C. § 362, and allowing debtors' sale of assets pursuant to 11 U.S.C. § 363....

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