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IN RE BAILEY

Bankruptcy No. 92-00202.

151 B.R. 28 (1993)

In re Jonathan L. BAILEY, Sr., Individually and as an Officer of Leigh Exteriors, Inc. and Mary Jo Bailey, Debtors.

United States Bankruptcy Court, N.D. New York.

February 12, 1993.

Attorney(s) appearing for the Case

Mark W. Swimelar, Syracuse, NY, Chapter 13 Trustee.

Bodow Law Firm, P.C., Syracuse, NY, for debtors; Irwin Mallin, of counsel.

William B. Rosbrook, Syracuse, NY, for Erie Materials.

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

STEPHEN D. GERLING, Bankruptcy Judge.

The within contested matter is before the Court by way of a motion filed on September 22, 1992, by Mark W. Swimelar, Chapter 13 Trustee ("Trustee"), to expunge Erie Materials, Inc.'s ("Erie") claim against the estate in the amount of $27,482.99.

Oral argument was heard at the Court's regular motion term held in Syracuse, New York, on November...

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