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IN RE FEARS

Civ.A. Nos. 3:00-CV-364-S, 00-CV-406-S. Bankruptcy Nos. 98-35869(13), 97-31355(13).

258 B.R. 371 (2001)

In re Ayanna FEARS, Debtor. Kentucky Higher Education Assistance Authority, Appellant, v. Ayanna M. Fears, Appellee. In re James B. Thompson, Pamela G. Thompson, Debtors. Educational Credit Management Corporation, Appellant, v. James B. and Pamela G. Thompson, Appellees.

United States District Court, W.D. Kentucky, Louisville Division.

February 6, 2001.

Attorney(s) appearing for the Case

Diana L. Barber, Higher Education Assistance Authority, Frankfort, KY, for Kentucky Higher Education Assistance Authority.

Richard Alan Schwartz, Kruger, Schwartz & Morreau, Louisville, KY, for Ayanna M. Fears.

Joseph J. Golden, Louisville, KY, Trustee in Bankruptcy.

John S. Egan, Edward M. King, Frost, Brown & Todd, Louisville, KY, for Educational Credit Management Corporation.

David Marcus Cantor, Seiller & Handmaker, Louisville, KY, for James B. Thompson and Pamela G. Thompson.

MEMORANDUM OPINION

SIMPSON, Chief Judge.

The Appellants appeal orders of the bankruptcy court denying, in part, their proofs of claim. They contend that they were denied improperly the right to include collection fees in their claims. For the reasons set forth below, we reverse and remand.

I FACTS AND PROCEDURAL HISTORY

The following facts are drawn from the opinion of the bankruptcy court and are undisputed for...

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