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IN RE PUTNAM

Bankruptcy No. 92-11997-MWV. Adv. No. 92-1092-MWV.

167 B.R. 737 (1994)

In re Roscoe S. PUTNAM, Jr., and Patricia E. Putnam, Debtors. Roscoe S. PUTNAM, Jr., and Patricia E. Putnam, Plaintiffs, v. RYMES HEATING OILS, INC., Defendant.

United States Bankruptcy Court, D. New Hampshire.

As Amended on Reconsideration May 17, 1994.

Attorney(s) appearing for the Case

Joseph J. Byk, Jr., Peterborough, NH, for Rymes Heating Oils, Inc., plaintiff.

Nathan T. Foose, Gray, Wendell and Clark, Manchester, NH, for Roscoe S. Putnam, Jr. and Patricia E. Putnam, defendants.

Lawrence Sumski, Amherst, NH, Trustee.

MEMORANDUM OPINION

MARK W. VAUGHN, Bankruptcy Judge.

In accordance with the December 1, 1993, Order of the United States District Court for the District of New Hampshire, this Court held an evidentiary hearing on February 18, 1994, on the issue of whether Plaintiffs are entitled to actual damages, including attorneys' fees, as a result of a violation of the automatic stay (11 U.S.C. § 362). For the reasons set out below, the Court finds that...

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