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IN RE PIFALO

BAP No. 07-011, Bankruptcy No. 04-18108-RS.

379 B.R. 1 (2007)

Michael and Elaine PIFALO, Debtors. First American Title Insurance Company and David Carney, Appellants, v. Michael and Elaine Pifalo, Appellees.

United States Bankruptcy Appellate Panel for the First Circuit.

December 10, 2007.

Attorney(s) appearing for the Case

Stephen E. Shamban, Esq., and Ann Brennan, Esq. on brief for Appellants.

Victoria R. Whelan, Esq., on brief for Appellees.

Before LAMOUTTE, VOTOLATO and DE JESUS, United States Bankruptcy Appellate Panel Judges.

VOTOLATO, Bankruptcy Judge.

First American Title Insurance Company ("First American"), subrogee of Option One Mortgage Corporation, and David J. Carney, as title agent for First American, appeal from a January 25, 2007, bankruptcy court order (the "order"), granting Michael and Elaine Pifalo's (the "Debtors") motion (for leave) to refinance the mortgage on their home. First American and Carney opposed the refinancing "because First American will not get paid under...

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