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IN RE THE HOME RESTAURANTS, INC.

No. 01-9014.

285 F.3d 111 (2002)

In re The HOME RESTAURANTS, INC., Debtor. Banco Bilbao Vizcaya Argentaria, Defendant, Appellant, v. Family Restaurants, Inc., and Hector Cuevas Cuevas, Plaintiffs, Appellees, Wigberto Lugo Mender, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 2, 2002.

Attorney(s) appearing for the Case

Wanda I. Luna-Martinez, with whom Montanez & Alicea Law Offices was on brief, for appellant.

Ramon Torres Rodriguez for plaintiffs-appellees.

Wigberto Lugo Mender for defendant-appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.

COFFIN, Senior Circuit Judge.

Appellant Banco Bilbao Vizcaya Argentaria ("the Bank"), a creditor in a Chapter 7 bankruptcy proceeding, claims that the bankruptcy court wrongly refused to grant it relief, under Fed.R.Civ.P. 60(b) and Fed. R. Bankr.P. 9024, from a default judgment totaling $24,506.55.1 The Bankruptcy Appellate Panel for the First Circuit ("BAP") affirmed the bankruptcy court's ruling...

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