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IN RE LOEHWING

Bankruptcy No. 02-60608(RTL). Adversary No. 03-2571.

320 B.R. 281 (2005)

In re Jane Coale LOEHWING, Debtor. Andrea Dobin, Trustee, Plaintiff, v. Washington Mutual Bank, F.A., and William L. Polhemus, in his capacity as Sheriff of Ocean County, New Jersey, Defendants.

United States Bankruptcy Court, D. New Jersey.

February 4, 2005.

Attorney(s) appearing for the Case

Andrea Dobin, Valerie A. Hamilton, Sterns & Weinroth, a Professional Corporation, for Plaintiff, Chapter 7 Trustee.

Vincent DiMaiolo, Jr., Fein, Such, Kahn & Shepard PC, for Defendant, Secured Creditor, Washington Mutual Bank, F.A.

Steven F. Nemeth, Berry, Sahradnik, Kotzas, Riordan & Benson, for Defendant, Sheriff William L. Polhemus.

Gary S. Jacobson, Harold & Haines, P.A., for Amicus Curiae, New Jersey Bankruptcy Trustee Association.

Malcolm V. Carton, Monmouth County Counsel, for Amicus Curiae, Monmouth County Sheriff.

OPINION

RAYMOND T. LYONS, Bankruptcy Judge.

Andrea Dobin, Chapter 7 Trustee, moves for summary judgment on Count 1 of her complaint seeking a declaratory judgment that the amount necessary to satisfy a foreclosure judgment does not include the commission due to the Sheriff of Ocean County. Washington Mutual Bank, F.A. ("WaMu"), the foreclosing mortgagee, had delivered a writ of execution to the Sheriff, but...

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