IN RE COMMONWEALTH INSTITUTIONAL SECURITIES, INC.

No. CIV.A.3:02CV-8-S.

286 B.R. 851 (2002)

In re COMMONWEALTH INSTITUTIONAL SECURITIES, INC. Excel Energy, Inc., Appellant, v. R. Gene Smith, Appellee.

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

November 13, 2002.


Attorney(s) appearing for the Case

Donald L. Cox, William H. Mooney, Lynch, Cox, Gilman & Mahan, Louisville, KY, for Appellant.

David Marcus Cantor, Seiller & Handmaker, Louisville, KY, for Appellee.

Paul Edward Porter, Greenebaum, Doll & McDonald, Louisville, KY, for Debtor.


MEMORANDUM-OPINION

SIMPSON, District Judge.

This matter is before the court on appeal from a decision of the United States Bankruptcy Court for the Western District of Kentucky to disallow appellant Excel Energy's ("Excel") proof of claim for $165,543.03 against the Estate of Commonwealth Institutional Securities, Inc. ("Commonwealth"). Disallowance was ordered upon joint motion of John R. Wilson, Trustee...

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