MATTER OF ABBOTT

Bankruptcy No. 3-79-1286, Adv. No. 3-80-0113.

5 B.R. 321 (1980)

In the Matter of Brian Keith ABBOTT, aka Brian K. Abbott, aka Keith Abbott, Debtor. Paul D. MALINA, Trustee in Bankruptcy, Plaintiff, v. Harold S. STAINS, Miriam E. Wallace, Defendants.

United States Bankruptcy Court, S.D. Ohio, W.D.

July 24, 1980.


Attorney(s) appearing for the Case

Marshall L. Massie, Xenia, Ohio, for defendants.

Paul D. Malina, Springfield, Ohio, trustee-plaintiff.

Michael DeWine, Xenia, Ohio, for bankrupt.


DECISION AND ORDER

CHARLES A. ANDERSON, Bankruptcy Judge.

This matter came on for trial on 11 July 1980, at which time Claim No. 13 on the Claims Register for the amount of $10,000.00 for "Compensatory Damages, Punitive Damages, Attorney's fees and costs" was disallowed for want of proof and documentation; not subject to liquidation; and, only contingent at best.

The cause of action asserted by Plaintiff for reimbursement for "one-half of the expenses...

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