MATTER OF GUMBLETON

Bankruptcy No. 80-01227, Adv. No. 81-0199.

23 B.R. 620 (1982)

In the Matter of Joseph GUMBLETON, Debtor. GENERAL MOTORS ACCEPTANCE CORPORATION, a New York Corporation, Plaintiff, v. Joseph GUMBLETON, Defendant.

United States Bankruptcy Court, E.D. Michigan, S.D.

September 30, 1982.


Attorney(s) appearing for the Case

Douglas M. Philpott, Brownell, Andrews, Philpott & Piper, Flint, Mich., for plaintiff/creditor.

Dennis J. Kuirsky, Kuirsky & Sharbaugh, Pontiac, Mich., for defendant/debtor.


MEMORANDUM OPINION

HAROLD H. BOBIER, Bankruptcy Judge.

I. Introduction

Defendant, a secured creditor, brought an action for relief from stay in order to allow it to proceed directly against its collateral in state court. Prior to trial the parties executed a written settlement agreement allowing plaintiff to recover possession of two vehicles in return for a waiver of its right to the deficiency which was certain to arise upon the subsequent sale...

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