R. E. Puckett & Associates, Incorporated

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 97-5140 IN RE: WILLIAM FESQ, Debtor BRANCHBURG PLAZA ASSOCIATES, L.P., Appellant v. WILLIAM FESQ On Appeal From the United States District Court For the District of New Jersey (D.C. Civil Action No. 96-cv-05555) Argued March 10, 1998 BEFORE: STAPLETON and ALITO, Circuit Judges, and SHADUR, * District Judge (Opinion Filed August 18, 1998) Eric H. Berger (Argued) Berger & Bornstein, P.A. 237 South Street Morristown, NJ 07962 Attorney for Appellant     John F. Bracaglia, Jr. (Argued) 362 East Main Stret P. O. Box 1094 Somerville, NJ 08876 Attorney for Appellee OPINION OF THE COURT SHADUR, Senior District Judge: This is an appeal by Branchburg Plaza Associates, L.P. (Branchburg), a creditor of bankrupt debtor William Fesq (Fesq). Branchburg claims that both the bankruptcy court and then the district court erred in denying Branchburg's motion to vacate the bankruptcy court's earlier order confirming Fesq's Chapter 13 plan. We have jurisdiction over the appeal under 28 U.S.C. §158(d), and we affirm the district court's decision. Background This long-running dispute between Branchburg and Fesq goes back to April 16, 1993, when Branchburg recovered a $69, 166....