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IN RE MERRILL

Bankruptcy No. 05-22818, Adversary No. 06-2014.

343 B.R. 1 (2006)

In re Patricia Jean MERRILL, Debtor. Patricia Jean Merrill and William Howison, Trustee, Plaintiffs, v. MBNA America Bank, N.A., and Wolpoff & Abramson, LLP, Defendants.

United States Bankruptcy Court, D. Maine.

June 16, 2006.

Attorney(s) appearing for the Case

James F. Molleur, Saco, ME, for plaintiffs.

Rita Farry, Kimmel & Beach, Kennebunk, ME, for defendants.

MEMORANDUM OF DECISION

JAMES B. HAINES, JR., Bankruptcy Judge.

Before me is the defendants' motion seeking an order compelling arbitration of all issues raised in the plaintiffs' six-count complaint. The plaintiffs, in turn, ask that all counts be tried in this court. I conclude that only as to the count seeking damages for the defendants' alleged breach of the automatic stay (Count I) have the plaintiffs met their burden to show that the relief they...

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