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IN RE MARRAMA

BAP No. MB 04-001. Bankruptcy No. 03-11987-WCH.

313 B.R. 525 (2004)

In re Robert Louis MARRAMA, Debtor. Robert Louis Marrama, Appellant, v. Citizens Bank of Massachusetts, and Mark DeGiacomo, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

September 9, 2004.

Attorney(s) appearing for the Case

David G. Baker, Charlestown, MA, on brief, for Appellant.

Jack J. Mikels, Quincy, MA, Michael A. Wirtz, Boston, MA, Janell E. DeGennaro, on brief, for Appellee Citizens Bank of Massachusetts.

Mark G. DeGiacomo, Boston, MA, Olga L. Bogdanov, Worcester, MA, on brief, for Appellee Mark G. DeGiacomo as Chapter 7 Trustee.

Before LAMOUTTE, VAUGHN, and CARLO, United States Bankruptcy Appellate Panel Judges.

LAMOUTTE, Bankruptcy Judge.

Robert Louis Marrama (the "Debtor" or the "Appellant") appeals the August 27, 2003 order (the "Order") entered by the United States Bankruptcy Court for the District of Massachusetts (the "bankruptcy court") denying his Verified Notice of Conversion to Chapter 13 (the "Notice"). The issue before the Panel is two-fold; that is, whether the bankruptcy court may deny a Chapter 7 debtor the right to convert a Chapter 7 case to Chapter 13, and...

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