IN RE BYERS

Bankruptcy No. 01-41047-HJB, Adversary No. 02-4161.

312 B.R. 22 (2004)

In re Lorraine E. BYERS, Debtor. David M. Nickless, Trustee in Bankruptcy of Lorraine Byers, Plaintiff, v. Cheryl A. Conley and Robert D. Byers, Defendants.

United States Bankruptcy Court, D. Massachusetts.

July 16, 2004.


Attorney(s) appearing for the Case

David M. Nickless, Nickless & Phillips, Fitchburg, MA, Chapter 7 Trustee.

John D. Hodges, Tewksbury, MA, for Robert D. Byers, Cheryl A. Conley.

Richard King, Office of the U.S. Trustee, Worcester, MA, United States Trustee.


MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

This adversary proceeding returns to this Court on remand from the Bankruptcy Appellate Panel for the First Circuit (the "BAP") to consider whether application of the doctrine of implied consent under Fed. R. Bankr.P. 7015(b) would change the outcome of the trial in this case. For the reasons stated below, this Court finds and rules that the application...

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