Miles v. Beneficial Massachusetts, Inc.
Court of Appeals for the First Circuit
1Opinion of the Court
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, Beneficial violated a number of federal and Massachusetts consumer protection statutes when it closed the loan which the mortgage…
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