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IN RE STEDMAN

Bankruptcy No. 98-18331 B. Adversary No. 99-1113 B.

264 B.R. 298 (2001)

In re Richard M. & Irene M. STEDMAN, Debtors. Richard M. & Irene M. Stedman, Plaintiffs, v. Roger S. Webb, Patricia G. Webb, and Florida Silvics, Inc., Defendants.

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

July 5, 2001.

Attorney(s) appearing for the Case

Damon & Morey LLP, William F. Savino, of counsel, Brian D. Gwitt, of counsel, Buffalo, New York, for Richard & Irene Stedman.

Harter, Secrest & Emery LLP, Raymond L. Fink, of counsel, David G. Reed, of counsel, Buffalo, New York, for Roger & Patricia Webb and Florida Silvics, Inc.

CARL L. BUCKI, Bankruptcy Judge.

On this motion for summary judgment, the central issue is whether a secured creditor may pursue a deficiency claim for the balance due after its liquidation of collateral through a private sale that was commercially unreasonable, in derogation of the requirements of section 9-504 of the Uniform Commercial Code.

Prior to the filing of their bankruptcy petition, Richard and Irene Stedman were owners of a fifty percent interest...

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