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GENERAL MOTORS ACCEPTANCE CORP. v. MILLER

Bankruptcy No. 3-80-02804, Adv. No. 3-80-0573.

10 B.R. 74 (1981)

GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff, v. Larry MILLER, Defendant. In the Matter of Larry MILLER, Debtor.

United States Bankruptcy Court, S.D. Ohio, Western Division.

March 6, 1981.

Attorney(s) appearing for the Case

Mary K.C. Soter, Dayton, Ohio, for defendant.

Daniel A. Nagle, Kettering, Ohio, for plaintiff.

George Ledford, Englewood, Ohio, Trustee.

DECISION AND ORDER

CHARLES A. ANDERSON, Bankruptcy Judge.

PRELIMINARY PROCEDURE

Plaintiff, General Motors Acceptance Corporation (GMAC) filed a complaint against Larry Miller on 3 October 1980 seeking possession and authority to sell collateral because the installment sales contract is in default and the Chapter 13 proposed Plan "fails to provide the then present value of the Plaintiff's claim, in that the Plan fails to capitalize the deferred...

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