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IN RE SILVESTRI

Nos. 02-13184, 02-11794.

294 B.R. 421 (2003)

In re Sheri SILVESTRI, Debtor. In re Jesse and Kimberly Babcock, Debtors.

United States Bankruptcy Court, D. Rhode Island.

June 19, 2003.

Attorney(s) appearing for the Case

Peter G. Berman, Raskin & Berman, Providence, RI, for debtor.

Matthew J. McGowen, Salter, McGowen, Sylvia & Leonard, Providence, RI, for creditor.

ORDER DENYING MOTIONS TO COMPEL SURRENDER OF COLLATERAL

ARTHUR N. VOTOLATO, Bankruptcy Judge.

The above captioned Silvestri case is factually similar and involves legal issues identical to those raised in In re Babcock, BK No. 02-11794, which had been appealed to the District Court and which was remanded while Silvestri was pending here. The creditors1 argue a point previously ruled upon in In re Rathbun,

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