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IN RE KUNTZ

BAP No. MB 98-020.

233 B.R. 580 (1999)

In re Peter F. KUNTZ and Diane E. Kuntz, Debtors. Peter F. Kuntz, Appellant, v. Stephen E. Shambam, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

April 7, 1999.

Attorney(s) appearing for the Case

Brian D. Widegren, West Chatham, MA, for Peter F. Kuntz.

Stephen E. Shamban, Trustee, Braintree, MA, Ann Brennan, Braintree, MA, for Stephen E. Shamban.

Richard Askanese, Office of the U.S. Trustee, Boston, MA, for Office of the U.S. Trustee.

U.S. Trustee, Boston, MA, trustee — appellee pro se.

Diane Elder Kuntz, Eastham, MA, pro se.

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

LAMOUTTE, Bankruptcy Judge.

The issue on appeal is whether the actions of the debtor in delaying notification of receipt and turnover of an asset for three months constitute a lack of good faith sufficient to deny his one-time right to convert his liquidation case to one under Chapter 13 pursuant to 11 U.S.C. § 706(a).

JURISDICTION AND STANDARD OF REVIEW

The Bankruptcy Appellate Panel has jurisdiction to consider appeals from final orders issued...

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