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IN RE RUTHERFORD

Bankruptcy No. 82 B 8461.

28 B.R. 899 (1983)

In re Halbert RUTHERFORD, Jr. and Maxine Rutherford, Debtors.

United States Bankruptcy Court, N.D. Illinois, E.D.

April 7, 1983.

Attorney(s) appearing for the Case

H. Kent Heller, Harlan Heller Ltd., Aurora, Ill., for petitioner and debtors.

Vito M. Evola, Coles & Griffen Ltd., Chicago, Ill., for respondent and creditor.

MEMORANDUM OPINION

FREDERICK J. HERTZ, Bankruptcy Judge.

This cause of action has arisen as a result of the objection of Halbert Rutherford, Jr. and Maxine Rutherford (hereinafter referred to as debtors) to the allowance of a portion of the secured claim of St. Charles Manufacturing Company (hereinafter referred to as creditor).

On May 11, 1979, the debtors executed a note payable to the creditor in the sum of $29,000.00. This note had an annual...

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