IN RE ALBERTO

No. 98-14005.

283 B.R. 370 (2000)

In re Nelson ALBERTO, Debtor.

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

October 20, 2000.


Attorney(s) appearing for the Case

O'Connor, O'Connor, Mayberger & First, P.C., Albany, NY, Michael J. O'Connor, Of Counsel, Attorneys for Debtor.

Miller & Meola, Albany, NY, Rudolph J. Meola, Of Counsel, Attorneys for Manufacturers And Traders Trust Company.

Andrea E. Celli, Albany, NY, Chapter 13 Trustee.


MEMORANDUM-DECISION AND ORDER

ROBERT E. LITTLEFIELD, Jr., Bankruptcy Judge.

There are two matters before the court: creditor's motion to preclude and debtor's motion for damages pursuant to 11 U.S.C. § 362(h). This is a core proceeding pursuant to 28 U.S.C. §§ 157(b)(2)(A) and 1334(b).

BACKGROUND

The facts of this case taken verbatim from the parties' stipulation of facts dated

November 2, 1998, are as follows:

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