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IN RE LaPOINTE

BAP No. 13-029. Bankruptcy No. 13-10688-BAH.

505 B.R. 589 (2014)

Robert LaPOINTE, Debtor. TD Bank, N.A., Appellant, v. Robert LaPointe, Appellee.

United States Bankruptcy Appellate Panel for the First Circuit.

February 24, 2014.

Attorney(s) appearing for the Case

Anthony J. Manhart, Esq. , on brief, Portland, ME, for Appellant.

Kevin Chisholm, Esq. , on brief, for Appellee.

Before FEENEY, TESTER, and FINKLE, United States Bankruptcy Appellate Panel Judges.

FEENEY, Bankruptcy Judge.

TD Bank, N.A. (the "Bank") appeals the bankruptcy court's order denying its motion for relief from the automatic stay to enforce its state law rights with respect to the debtor's residence. The Bank argues that the bankruptcy court erred in denying its motion because it had conducted a pre-petition foreclosure sale of the debtor's residence, thereby divesting the debtor of any interest in the residence which would be property of the estate...

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