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IN RE GARSKE

Bankruptcy No. 98-13427, Adversary No. 00-1139.

286 B.R. 773 (2002)

In re Paul and Veda GARSKE, Debtors. Veda Garske, et al., Plaintiffs, v. Arcadia Financial, Ltd., Defendant.

United States Bankruptcy Court, N.D. California.

April 8, 2002.

Attorney(s) appearing for the Case

Richard V. Day, Napa, CA, for Debtors.

Memorandum on Cross-Motions for Summary Judgment

ALAN JAROSLOVSKY, Bankruptcy Judge.

This is a class action lawsuit regarding the rights of Chapter 7 debtors who retained a secured creditor's collateral without formally reaffirming the debt and thereafter became delinquent. Plaintiffs argue that secured creditor Arcadia Financial, Ltd., violates the debtor's injunction by contacting the debtor by telephone and threatening...

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