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IN RE HANDEL

No. MW 99-068.

253 B.R. 308 (2000)

In re Joel M. HANDEL, Debtor. HSBC Bank USA, f/k/a Marine Midland Bank, Appellant, v. Joel M. Handel, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

September 26, 2000.

Attorney(s) appearing for the Case

Sabin Willett, Bingham Dana, Boston, MA, Anthony Fuller, Bingham Dana LLP, Boston, MA, William M. Rossi-Hawkins, Michael J. DiLeo, Phillips, Lytle, Hitchcock, Blaine & Huber LLP, New York City, for HSBC Bank USA, creditor-appellant.

Robert S. Adler, Seder & Chandler, Worcester, MA, for Joel M. Handel, debtor-appellee.

Jack E. Haughton, Pittsfield, MA, for Jack E. Haughton, Chapter 7 Trustee, trustee-appellee.

Darragh K. Kasakoff, Kevin C. McGee, Seder and Chandler, for appellee.

Before VOTOLATO, DE JESUS and VAUGHN, U.S. Bankruptcy Judges.

VOTOLATO, Chief Judge.

HSBC Bank USA, f/k/a Marine Midland Bank ("HSBC"), appeals an order of the bankruptcy court denying its motion to dismiss or transfer the case to the District of New York. The bankruptcy court held, inter alia, that venue was proper in Massachusetts. For the reasons discussed below we hold that based upon residence, in the context of 28 U.S.C. § 1408, New York is the only venue available to the Debtor, on the facts of this case....

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