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IN RE McQUAIGE

Bankruptcy No. 81-2-0800-L, Adv. No. 82-1388B.

38 B.R. 261 (1984)

In re Gordon Claudy McQUAIGE, Debtor. The UNITED STATES of America Through its agency, the SMALL BUSINESS ADMINISTRATION, Plaintiff, v. Gordon Claudy McQUAIGE and Melvin Paul, Trustee, Defendants.

United States Bankruptcy Court, D. Maryland.

March 30, 1984.

Attorney(s) appearing for the Case

Michael J. Dausch, III, Acting Dist. Counsel, Baltimore, Md., for Small Business Admin.

Marc R. Kivitz, Baltimore, Md., for debtor.

Melvin Paul, Baltimore, Md., for Trustee.

ORDER DENYING MOTION TO DISMISS AND GRANTING SUMMARY JUDGMENT FOR PLAINTIFF

JAMES F. SCHNEIDER, Bankruptcy Judge.

Finding that the plaintiff is not barred by res judicata and that the lifting of the automatic stay will not impair the debtor's exemptions, the stay will be lifted.

Findings Of Fact

1. The debtor filed a voluntary petition in bankruptcy under Chapter 13 on March 24, 1981.

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