Dalpe v. Paige (In Re Paige)

MEMORANDUM AND DECISION ON OBJECTION TO PROOF OF CLAIM AND COUNTERCLAIM

ALAN H.W. SHIFF, Bankruptcy Judge.

The plaintiffs, Jack Dalpe and Robert Ciccarelli, have filed a proof of claim as secured creditors to which the chapter 13 debtor-defendants, David and Karen Paige, have filed an objection and a counterclaim. The counterclaim arises out of the same sale transaction as the plaintiffs’ claim. Accordingly, it is determined that this proceeding is a core proceeding. 28 U.S.C. § 157(b)(2)(C), (b)(3).

BACKGROUND

The following facts are adduced from the testimony and exhibits offered at trial.…