IN RE MALONI

BAP No. MB 01-055. Bankruptcy No. 96-40111-HJB.

282 B.R. 727 (2002)

In re John J. MALONI, Debtor. John J. Maloni, Appellant, v. Fairway Wholesale Corporation, Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

September 5, 2002.


Attorney(s) appearing for the Case

Peter M. Stern, Springfield, MA, for John J. Maloni.

David A. Lavenburg, Gold and Vanaria, P.C., Springfield, MA, for Fairway Wholesale Corporation.

Before LAMOUTTE, VAUGHN and CARLO, U.S. Bankruptcy Appellate Panel Judges.


OPINION

LAMOUTTE, Bankruptcy Judge.

The issues on appeal are: (a) whether the bankruptcy court erred in vacating and setting aside the order avoiding the judicial lien of Appellee Fairway Wholesale Corporation ("Fairway"); (b) whether the bankruptcy court erred in denying the request of Appellant John J. Maloni ("Maloni") for an evidentiary hearing, thus depriving Maloni of his right to due process; and (c) whether the imposition of sanctions is warranted...

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