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IN RE SMITH

Bankruptcy No. 02-41629-JDW, Adversary No. 03-4015.

299 B.R. 687 (2003)

In re Donald E. SMITH, Debtor. Donald E. Smith, Plaintiff, v. Fairbanks Capital Corporation, Defendant.

United States Bankruptcy Court, S.D. Georgia, Savannah Division.

August 15, 2003.

Attorney(s) appearing for the Case

Judson C. Hill, Timothy D. Roberts, Savannah, GA, for Debtor.

Mary Grace Diehl, Thomas R. Walker, Atlanta, GA, for Fairbanks.

MEMORANDUM OPINION

JAMES D. WALKER, Jr., Bankruptcy Judge.

This matter comes before the Court on Fairbanks Capital Corporation's motion to dismiss Debtor Donald E. Smith's class action complaint, which alleges improper assessment and collection of attorney fees by Fairbanks. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(B) and (O). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the...

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