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BANKBOSTON, N.A. v. DESMOND

Civ.A. No. 00-11333-WGY.

256 B.R. 348 (2000)

BANKBOSTON, N.A., Appellant, v. John O. DESMOND, Trustee in Bankruptcy of Ivelise C. Gutierrez, Appellee.

United States District Court, D. Massachusetts.

December 12, 2000.

Attorney(s) appearing for the Case

John O. Desmond, Framingham, MA, pro se.

Matthew J. McGowan, Salter, McGowan, Swartz & Sylvia, Inc., Providence, RI, pro se.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

BankBoston, N.A. (the "Bank") appeals an order of the bankruptcy court declaring that it is not a secured creditor entitled to relief from the automatic stay under 11 U.S.C. § 362(d) and denying its Motion for Evidentiary Hearing. In so ruling, the bankruptcy court allowed the Trustee to avoid the Bank's lien under 11 U.S.C...

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