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IN RE HENRIQUEZ

No. MB 00-100.

261 B.R. 67 (2001)

In re Edward H. HENRIQUEZ, Debtor. Caterpillar Financial Services Corporation, Appellant, v. Joseph Braunstein, Chapter 7 Trustee for the Estate of Edward H. Henriquez, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

April 11, 2001.

Attorney(s) appearing for the Case

Thomas E. Nannicelli, Norwood, MA, for Caterpillar Financial Services Corporation, creditor — appellant.

Michael P. Cashman, Cashman Law Offices, P.C., Boston, MA, for Edward H. Henriquez, debtor — appellee.

Michael H. Theodore, Riemer & Braunstein, LLP, Boston, MA, for Joseph Braunstein, trustee — appellee.

Before VOTOLATO, DE JESÚS, HAINES, U.S. Bankruptcy Appellate Panel Judges.

HAINES, Bankruptcy Judge.

Caterpillar Financial Services Corporation (Caterpillar) appeals from the bankruptcy court's order denying its motion for relief from stay. The bankruptcy court determined that Caterpillar was not entitled to relief because it failed to demonstrate at the motion hearing that it held a valid, perfected security interest in the debtor's backhoe/loader. For the reasons set forth below, we dismiss this appeal for lack of jurisdiction.

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