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IN RE EXPRESS PARTS WAREHOUSE, INC.

No. 98-00221-5-ATS.

230 B.R. 526 (1999)

In re EXPRESS PARTS WAREHOUSE, INC., Debtor.

United States Bankruptcy Court, E.D. North Carolina, Raleigh Division.

March 2, 1999.

Attorney(s) appearing for the Case

Gregory B. Crampton, Nicholls & Crampton, P.A., Raleigh, NC, for debtor.

Holmes P. Harden, Maupin, Taylor, Ellis & Adams, Raleigh, NC, for Automotive Parts Express, Inc.

Richard D. Sparkman, Richard D. Sparkman & Assoc., Angier, NC, Chapter 7 trustee.

K. Matthew Vaughn, Everett, Gaskins, Hancock & Stevens, Raleigh, NC, for Mr. Sheerin.

ORDER ALLOWING SETOFF

A. THOMAS SMALL, Chief Judge.

The matter before the court is the Motion for Reconsideration and Clarification filed by Allen J. Sheerin. Mr. Sheerin is seeking authority to offset his prepetition $198,656.64 unsecured claim and his postpetition $77,354.331 cost of administration claim against his obligation to Express Parts Warehouse, Inc., the chapter 11 debtor, under a promissory note which had a balance...

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