Legal Opinion

In Re Miller

United States Bankruptcy Court, D. Montana

Decided March 4, 1994No. 19-60145PublishedCited by 1 opinion

1Opinion of the Court

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

At Butte in said District this 4th day of March, 1994.

In this Chapter 11 case, the Debtor-In-Possession (DIP) has filed an objection to the proof of secured claim filed by First Interstate Bank of Commerce (Bank) in the sum of $69,578.17, plus post-petition interest, costs and attorneys’ fees. The latter items are not quantified in the Proof of Claim. The objection filed pursuant to F.R.B.P. Rule 3007 denies any obligation whatsoever, and in the alternative, states the Debtor is entitled to an offset for damages, including attorney fees, which Debtor…

2Cases cited26 opinions

  1. Coast Bank v. MinderhoutCalifornia Supreme Court · 1964
  2. In Re Gilbert John Marino, Debtor. Placer Savings and Loan Association v. Edward M. Walsh, as Trustee in Bankruptcy of Gilbert John MarinoCourt of Appeals for the Ninth Circuit · 1987
  3. GBN, INC. v. Montana Dept. of RevenueMontana Supreme Court · 1991
  4. Modrok v. MarshallAlaska Supreme Court · 1974
  5. Rase v. Castle Mountain Ranch, Inc.Montana Supreme Court · 1981

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3Cited by1 opinion

  1. In Re Sheldahl, Inc.United States Bankruptcy Court, D. Minnesota · 2003

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