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IN RE ZINCHIAK

No. 03-4509.

406 F.3d 214 (2005)

In re Kenneth ZINCHIAK, d/b/a Zinchiak Manufacturing Co., Debtor, Kenneth A. Zinchiak & Kathleen K. Zinchiak, husband and wife, Appellants, v. CIT Small Business Lending Corporation, as successor to Newcourt Small Business Lending Corporation f/k/a AT & T Small Business Lending Corporation.

United States Court of Appeals, Third Circuit.

Filed: April 28, 2005.

Attorney(s) appearing for the Case

P. Raymond Bartholomew (Argued), Bartholomew & Wish, Hermitage, PA, for Appellants.

Dennis J. Roman (Argued), Grogan Graffman, P.C., Pittsburgh, PA, for Appellee.

Before: BARRY, FUENTES, and BECKER, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

In this appeal, we must determine whether the Bankruptcy Court abused its discretion in reopening the bankruptcy case of appellant Kenneth A. Zinchiak ("Zinchiak" or "Debtor") to permit the appellee Newcourt Small Business Lending Corporation ("Newcourt")1 to file a petition to fix the fair market value of certain real estate under Pennsylvania's Deficiency Judgment Act ("DJA"), 42...

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