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MATTER OF LEWIS

Bankruptcy No. 80-0209.

8 B.R. 132 (1981)

In the Matter of Henry J. LEWIS, Debtor. FORD MOTOR CREDIT COMPANY, Plaintiff, v. Henry J. LEWIS, Debtor, and L.C. Spurgeon, Trustee, Defendants.

United States Bankruptcy Court, D. Idaho.

January 5, 1981.

Attorney(s) appearing for the Case

Charles W. Hosack, Coeur d'Alene, Idaho, for plaintiff.

William H. Foster, Grangeville, Idaho, for defendant Lewis.

L.C. Spurgeon, Trustee.

MEMORANDUM DECISION

M.S. YOUNG, Bankruptcy Judge.

This matter is before the Court upon debtor's Counter Claim to plaintiff's complaint seeking a vacation of the 362 stay. Defendant and counterclaimant seek damages for an alleged wrongful repossession of defendants' vehicle after confirmation of their plan to pay creditors. The parties have stipulated the facts to be as follows:

"1. HENRY J. LEWIS filed a Chapter XIII Plan as Case No. 80-00485 in...

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