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IN RE CANNING

BAP No. EP 11-034. Bankruptcy No. 09-20263-JBH. Adversary No. 09-02080-JBH.

462 B.R. 258 (2011)

Ralph G. CANNING, III, and Megan L. Canning, f/k/a Megan L. Otis, Debtors. Ralph G. Canning, III, and Megan L. Canning, Plaintiffs-Appellants, v. Beneficial Maine, Inc., HSBC Mortgage Services, Inc., and HSBC Mortgage Corporation, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

December 12, 2011.

Attorney(s) appearing for the Case

James F. Molleur, Esq., and Tanya Sambatakos, Esq., Biddeford, ME, on brief for Appellants.

Peter J. Haley, Esq., and Sean R. Higgins, Esq., Boston, MA, on brief for Appellees.

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

TESTER, Bankruptcy Judge.

The debtors, Ralph G. Canning, III and Megan L. Canning (collectively "the Cannings"), appeal from a bankruptcy court judgment holding that Beneficial Maine, Inc., HSBC Mortgage Services, Inc., and HSBC Mortgage Corporation (collectively "Beneficial")1 did not violate the discharge injunction by refusing to foreclose or release its mortgage lien on the Cannings' residence. For the reasons set forth below, the...

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