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IN RE SERGI

BAP Nos. MW 98-037, MW 98-045.

233 B.R. 586 (1999)

In re Natale J. SERGI, Individually and d/b/a Serboco Realty Trust and d/b/a Sergi Development Company, Debtor. Natale J. Sergi, Individually and d/b/a Serboco Realty Trust and d/b/a Sergi Development Company, Plaintiff/Appellant, v. Everett Savings Bank, Defendant/Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

May 11, 1999.

Attorney(s) appearing for the Case

Jeffrey D. Sternklar, Marian B. Hand and Duane, Morris & Heckscher LLP on brief for the appellant.

H. Bissell Carey, III and Robinson & Cole on brief for the appellee.

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

Background

GOODMAN, Bankruptcy Judge.

This case arises in the Debtor's1 second chapter 11 filing2 in three years. In the first case filed in 1992, Everett Savings Bank (herein "Everett" or the "Bank") held valid, first priority mortgages on two parcels of the Debtor's property known as Park Street and Westford Street.3 The parties...

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