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In re Dymmel, 2:15-bk-12558-RK. (2016)

Court: United States Bankruptcy Court, C.D. California Number: inbco20160217638 Visitors: 5
Filed: Feb. 10, 2016
Latest Update: Feb. 10, 2016
Summary: ORDER NOT FOR PUBLICATION ORDER GRANTING DEBTORS' MOTION FOR DISALLOWANCE OF CREDITOR BANK OF AMERICA, N.A.'S CLAIM NO. 10 ROBERT KWAN , Bankruptcy Judge . TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, the debtors and debtors in possession, Kenneth Dymmel and Ruth Dymmel ("Debtors") Motion for Disallowance of Claim of Creditor Bank of America, N.A. (Claim No. 10) ("Motion") came on for trial on the date and at the place indicated above. Present on behalf of the Debtors at the trial on the
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ORDER NOT FOR PUBLICATION

ORDER GRANTING DEBTORS' MOTION FOR DISALLOWANCE OF CREDITOR BANK OF AMERICA, N.A.'S CLAIM NO. 10

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, the debtors and debtors in possession, Kenneth Dymmel and Ruth Dymmel ("Debtors") Motion for Disallowance of Claim of Creditor Bank of America, N.A. (Claim No. 10) ("Motion") came on for trial on the date and at the place indicated above. Present on behalf of the Debtors at the trial on the Motion was Robert M. Aronson. Present in Court with Mr. Aronson was Debtor Kenneth Dymmel. There were no other appearances. After reading all of the pleadings presented in support of the Motion and after hearing all argument in favor of the Motion, and there being no opposition, for the reasons stated on the record, the Court GRANTS the Motion and rules as follows:

1. Creditor Bank of America, N.A., was properly served with the Motion, and the Trial Declarations of Kenneth Dymmel and Ruth Dymmel and Robert M. Aronson and the Debtors' Trial Brief;

2. The Court has jurisdiction over the matters contained in the Motion pursuant to 28 U.S.C § 157(b)(2)(B);

3. Creditor Bank of America, N.A., did not oppose the Motion on a timely basis or at any time nor did it make an appearance at the trial on the Motion as indicated herein, or respond to Debtors' discovery to Creditor for information to substantiate the claim;

4. The evidence in the record and Debtors' efforts requesting information from Creditor were sufficient to warrant the disallowance of Bank of America, N. A.'s Claim No. 10;

5. Based on all of the foregoing, Creditor Bank of America, N.A.'s Claim No. 10 in the amount of $8,151.07 is hereby disallowed in its entirety; and

6. Upon entry of this order, Creditor Bank of America, N.A.'s Claim No. 10 will be deemed to be the amount of zero on the Court's Claims Register.

IT IS SO ORDERED.

Source:  Leagle

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