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IN RE CROWELL

Nos. CIV. 1:03CV139, CIV. 1:03CV140.

304 B.R. 255 (2004)

In re John C. CROWELL, Individually and d/b/a TRAXS Real Estate, TRAXS Development, Excel Realty, Questor Financial Group, Inc., and Summit Place, Debtor. Lloyd T. Whitaker, Trustee in Bankruptcy for John C. Crowell Individually and d/b/a TRAXS Real Estate, TRAXS Development, Excel Realty, Questor Financial Group, Inc., and Summit Place, Plaintiff, v. CIT Group/Equipment Financing, Inc.; Thomas A. ("Ace") Appling; Superior Energy Services, Inc., and James Mann, Defendants. In re John C. Crowell, Individually and d/b/a TRAXS Real Estate, TRAXS Development, Excel Realty, Questor Financial Group, Inc., and Summit Place, Debtor. Lloyd T. Whitaker, Trustee in Bankruptcy for John C. Crowell Individually and d/b/a TRAXS Real Estate, TRAXS Development, Excel Realty, Questor Financial Group, Inc., and Summit Place, Plaintiff, v. CIT Financial USA, Inc., f/k/a Newcourt Financial USA, Inc.; Anthony Edward Antonio; Marty Scheleving; Anthony Edward Antonio and Marty Scheleving d/b/a A & A Excavators; A & A Excavators, Inc.; and Keith Garner, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

January 30, 2004.

Attorney(s) appearing for the Case

Langdon M. Cooper, Gastonia, NC, for Appellant.

Marjorie Rowe Mann, Roberts & Stevens, P.A., Asheville, NC, Dennis A. Dressler, Askounis & Borst, P.C., Chicago, IL, for Appellee.

MEMORANDUM OF OPINION AND ORDER

THORNBURG, District Judge.

THESE MATTERS are before the Court on Plaintiff's appeals of two May 29, 2003, decisions of the United States Bankruptcy Court in the Western District of North Carolina and on Plaintiff's motions to strike certain parts of both Defendants' responses.

I. STATEMENT OF FACTS

In 1999 and 2000, John C. Crowell ("Debtor") and Defendant CIT Group/Equipment Financing...

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