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IN RE RED BARN, INC.

Bankruptcy No. 180-00374, C181-0055.

23 B.R. 593 (1982)

In re RED BARN, INC., Debtor. The MERRILL TRUST COMPANY, Plaintiff, v. RED BARN, INC., Defendant.

United States Bankruptcy Court, D. Maine.

September 28, 1982.

Attorney(s) appearing for the Case

Stephen G. Morrell, Eaton, Peabody, Bradford & Veague, Bangor, Me., for plaintiff.

Harvey J. Putterbaugh, Portland, Me., for debtor.

MEMORANDUM OF DECISION

JAMES A. GOODMAN, Bankruptcy Judge.

Plaintiff filed in March, 1981 a complaint for relief from stay seeking leave to foreclose upon a mortgage. Plaintiff paid the $60.00 filing fee required to file its complaint, but seeks to have the fee returned, arguing that the fee is neither authorized by statute nor constitutional.

Pursuant to 28 U.S.C. § 1930(b), the Judicial Conference of the United States has adopted a schedule...

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