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Filed: 11/3/2005, Entered: 11/3/2005 |
Order on Motion for Reconsideration |
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Judge Nancy Gertner : ElectronicORDER entered denying [8] Motion for Reconsideration: ORDER DENYING [#8] Appellant's Motion for Rehearing. The debtor/appellant is correct that decisions of the First Circuit Bankruptcy Appellate Panel (BAP) do not "control" this Court. However, the Court finds the analysis by the First Circuit BAP of the questions of bad faith and a debtor's right to convert in Marrama v. Citizens Bank of Massachusetts, 313 B.R. 525, 530-33 (B.A.P. 1st Cir. 2004) to be highly persuasive. In any event, the United States Court of Appeals for the First Circuit recently affirmed the BAP and adopted its reasoning in In re Marrama, No. 04-9009, 2005 U.S. App. LEXIS 23512 (1st Cir. Oct. 31, 2005). This Court also adopts the analysis of the BAP and the First Circuit, and reaffirms its decision [#6] dismissing the debtor/ appellant's appeal (Gertner, Nancy)
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 9 |
Filed: 10/10/2005, Entered: 10/13/2005 |
Memorandum in Support of Motion |
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MEMORANDUM in Support re [8] MOTION for Reconsideration re [6] Memorandum & ORDER, [7] Order Dismissing Case with certificate of service filed by Danh T. Nguyen. (Filo, Jennifer)
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| 8 |
Filed: 10/10/2005, Entered: 10/10/2005, Terminated: 11/3/2005 |
Motion for Reconsideration |
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MOTION for Reconsideration re [6] Memorandum & ORDER, [7] Order Dismissing Case with certificate of service by Danh T. Nguyen.(Baker, David) Additional attachment(s) added on 10/13/2005 (Filo, Jennifer).
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| 7 |
Filed: 10/6/2005, Entered: 10/6/2005 |
Order Dismissing Case |
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Judge Nancy Gertner: ORDER entered; ORDER DISMISSING CASE.(Filo, Jennifer)
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| 6 |
Filed: 10/6/2005, Entered: 10/6/2005 |
Memorandum and Order |
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Judge Nancy Gertner: ORDER entered; MEMORANDUM AND ORDER RE: Appeal from the Decision of the United States Bankruptcy Court for the District of Massachusetts.(Filo, Jennifer)
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Filed: 2/11/2005, Entered: 2/11/2005 |
Order on Motion for Extension of Time |
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Judge Nancy Gertner : Electronic ORDER entered granting [3] Motion for Extension of Time..allowed retroactively. (Molloy, Maryellen)
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| 5 |
Filed: 11/17/2004, Entered: 11/17/2004 |
Appellees Brief |
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Appellee's BRIEF by Joseph Braunstein. Appellant Reply Brief due by 11/29/2004. (Ganz, Jeffrey)
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| 4 |
Filed: 11/2/2004, Entered: 11/2/2004 |
Appellants Brief |
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Appellant's BRIEF by Danh T. Nguyen. (Baker, David)
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| 3 |
Filed: 10/19/2004, Entered: 10/19/2004, Terminated: 2/11/2005 |
Motion for Extension of Time |
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MOTION for Extension of Time to November 2, 2004 to File Brief by Danh T. Nguyen.(Baker, David)
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| 2 |
Filed: 10/4/2004, Entered: 10/4/2004 |
Bankruptcy Scheduling Order |
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Bankruptcy Scheduling Order Appellant Brief due by 10/19/2004. Appellee Brief due by 11/3/2004. Appellant Reply Brief due by 11/15/2004. (Gawlik, Cathy)
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| 1 |
Filed: 9/30/2004, Entered: 10/4/2004 |
Bankruptcy Appeal |
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Notice of APPEAL FROM BANKRUPTCY COURT. File received, filed by Danh T. Nguyen.(Gawlik, Cathy)
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