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IN RE SPRIGGS

BAP No. KS-97-078, Bankruptcy No. 96-21791.

219 B.R. 909 (1998)

In re Lure Dean SPRIGGS, Debtor. PRO FINANCE, INC., Appellant, v. Lure Dean SPRIGGS, Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

April 16, 1998.

Attorney(s) appearing for the Case

Submitted on the briefs:*

John H. Trader, Kansas City, MO, for Appellant.

Maurice B. Soltz of Soltz & Shankland, A.P.C., Kansas City, MO, for Appellee.

Before McFEELEY, Chief Judge, BOULDEN, and MATHESON, Bankruptcy Judges.

OPINION

PER CURIAM.

Pro Finance, Inc. (Pro Finance) appeals an order of the United States Bankruptcy Court for the District of Kansas disallowing a portion of its proof of claim seeking the costs and fees incurred when it foreclosed upon the residence of Lure Dean Spriggs (Debtor) in violation of the automatic stay. In so ruling, the bankruptcy court concluded that equitable principles did not merit retroactively annulling the effect of the automatic stay...

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