IN RE PONTES

Bankruptcy No. 99-13945. Adversary No. 99-1133.

280 B.R. 20 (2002)

In re Anthony J. PONTES, Debtor. Anthony J. Pontes, Plaintiff, v. Deborah Lapatin, Acting City Collector for the City of Providence Sunset Realty, a Rhode Island Partnership; Michael F. Cunha, a Managing Partner of Sunset Realty, Defendants.

United States Bankruptcy Court, D. Rhode Island.

June 24, 2002.


Attorney(s) appearing for the Case

John Rao, Esq., Rhode Island Legal Services, Providence, RI, for Plaintiff.

Richard Riendeau, Esq., Pawtucket, RI, for Deborah Lapatin, Acting City Collector for the City of Providence.

Fernando S. Cunha, Esq., Providence, RI, for Michael F. Cunha and Sunset Realty.


OPINION AND ORDER

ARTHUR N. VOTOLATO, Bankruptcy Judge.

At issue apparently for the first time in this District is the constitutionality of the Rhode Island tax sale statute which has been routinely used in all of the cities and towns of this State since 1896.

The Debtor, a Providence resident, contends that the tax sale of his home, conducted pursuant to Rhode Island law, failed to provide him with meaningful notice of the right to redeem...

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