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IN RE MIHALKO

Bankruptcy No. 87-03122F, Adv. No. 87-0902F.

87 B.R. 357 (1988)

In re Emil S. MIHALKO, Debtor. Emil S. MIHALKO, Plaintiff, and Acceptance Associates of America, Inc., Intervenor-Plaintiff, v. CONTINENTAL BANK AND TRUST COMPANY and Edward Sparkman, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

June 17, 1988.

Attorney(s) appearing for the Case

R. Leonard Davis, Drake, Hileman & Davis, Doylestown, Pa., for plaintiff/debtor, Emil S. Mihalko.

David I. Davis, King of Prussia, Pa., for intervenor-plaintiff, Acceptance Associates of America, Inc.

James W. Hennessey, Sherr & Zuckerman, Norristown, Pa., for defendant, Continental Bank and Trust Co.

Edward Sparkman, Philadelphia, Pa., Trustee.

OPINION

BRUCE I. FOX, Bankruptcy Judge:

The filing of a secured proof of claim by Continental Bank and Trust Company (Continental) has triggered two related disputes, which have been consolidated and now must be resolved. First, the debtor, Emil Mihalko, filed an objection to Continental's proof of claim contending that the sum claimed is excessive and requesting that any claim allowed be classified as unsecured; second, the debtor initiated an adversary...

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