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IN RE MILES

No. 05-1892.

436 F.3d 291 (2006)

In re Jean MILES, Debtor, Jean Miles, Debtor, Appellee, v. Beneficial Massachusetts, Inc., Creditor, Appellant.

United States Court of Appeals, First Circuit.

Decided February 7, 2006.

Attorney(s) appearing for the Case

Thomas E. Carlotto, with whom Shechtman Halperin Savage, LLP was on brief, for appellant.

Paul Collier, III, with whom Law Offices of Paul Collier, Kimberly Breger, and Legal Services Center of Harvard Law Center, were on brief, for appellee.

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

HOWARD, Circuit Judge.

This bankruptcy appeal arrives before us in a procedural tangle. The case began when Jean Miles, the debtor, filed a petition for relief under chapter 13 of the Bankruptcy Code to forestall a scheduled foreclosure by creditor (and appellant) Beneficial Massachusetts, Inc., which holds a mortgage on her residence. Despite the mortgage, Miles listed Beneficial in her chapter 13 plan as an unsecured creditor, apparently because, in Miles' view...

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