IN RE 201 FOREST STREET, LLC

BAP No. MW 09-023. Bankruptcy Nos. 07-42296-JBR, 07-41768-JBR.

422 B.R. 888 (2010)

201 FOREST STREET, LLC, and 219 Forest Street, LLC, Debtors. LBM Financial, LLC, Appellant, v. 201 Forest Street, LLC, and 219 Forest Street, LLC, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

February 2, 2010.


Attorney(s) appearing for the Case

Philip F. Coppinger, Esq., and Floyd H. Anderson, Esq., on brief for Appellant.

Harold B. Murphy, Esq., and D. Ethan Jeffery, Esq., on brief for Appellee, 201 Forest Street, LLC.

Before HAINES, VAUGHN, and TESTER, United States Bankruptcy Appellate Panel Judges.


HAINES, Bankruptcy Appellate Panel Judge.

This appeal involves the interplay of Bankruptcy Code §§ 108(c) and 362(b)(3)1 and the Massachusetts Obsolete Mortgages Statute.2 On the motion of the chapter 11 debtor, 201 Forest Street LLC ("Forest Street" or the "debtor"), the bankruptcy court entered an order (the "Discharge Order") discharging a mortgage held...

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