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IN RE FILI

No. MW 00-072.

257 B.R. 370 (2001)

In re David FILI, Debtor. Factors Funding Co., Appellant, v. David Fili and Denise M. Pappalardo, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

January 11, 2001.

Attorney(s) appearing for the Case

Steven A. Kressler, Lisa M. Read, Kressler & Kressler, Worcester, MA, for Appellant.

Jason Rosenberg, Herbert Weinberg, North Andover, MA, for Appellee.

Before: LAMOUTTE, HAINES, DEASY, U.S. Bankruptcy Appellate Panel Judges.

HAINES, Bankruptcy Judge.

Factors Funding Co. appeals the bankruptcy court's orders disallowing its secured proof of claim based on confirmation of a Chapter 13 plan expressly providing: "The alleged secured claim of Factors Funding, Inc. is hereby discharged as there is no underlying obligation." For the reasons set forth below, we affirm.

Background

David Fili filed for relief under Chapter 13 of the Bankruptcy Code1

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