IN RE HUELBIG

No. 01-10525.

299 B.R. 721 (2003)

In re Raymond M. HUELBIG, Shawnn M. Huelbig, Debtors.

United States Bankruptcy Court, D. Rhode Island.

October 1, 2003.


Attorney(s) appearing for the Case

Matthew McGowan, Salter, McGowan Sylvia & Leonard, Providence, RI, for Debtors.

Lynda L. Laing, Strauss Factor & Lopes, Craig Montecalvo, Rhode Island Attorney General's Office, Providence, RI, for Allstate Insurance Co.

John Boyajian, Boyajian Harrington & Richardson, Providence, RI, Chapter 13 Trustee.


ORDER GRANTING MOTION TO DISMISS

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Before the Court is Allstate Insurance Company's (Allstate's) Motion to Dismiss the Huelbigs' Chapter 13 case, on the ground that their unsecured debt exceeds the limits proscribed in 11 U.S.C. § 109(e). The Debtors argue that Allstate's claim is unliquidated and therefore may not be counted in determining their eligibility for Chapter 13. For the reasons discussed below,...

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