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GENERAL44667
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Last modified
8/24/2016 8:13:22 PM
Creation date
11/23/2007 1:13:07 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1980020
IBM Index Class Name
General Documents
Doc Date
5/6/1997
Doc Name
OBJECTION TO STIPULATION & JOINT MOTION TO SETTLE ADVERSARY PROCEEDING & REQUEST FOR HEARING
Media Type
D
Archive
No
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<br />III IIIIIIIIIIIIIIII <br />999 <br />UNITED STATES BANKRUPTCY COURT <br />FOR THE DISTRICT OF COLORADO <br />In Re: <br />JIMMIE DEAN BRALEY, SR. , ) Case No. 95- ~ Q~$,.~2~,Br, <br />SSN: 524-50-0342, ) Chapter 7 F t~V ~ V <br />Debtor. ) <br />Debtor. ) ~Y 06 ~~ <br />TOM H. CONNOLLY, Trustee <br />v. <br />DENA E. BRALEY, <br />Plaintiff, ) <br />Defendant. ) <br />pivino~, ~, .diMi919 S G®oia6Y <br />Adversary No. 96-1846 DEC <br />OBJECTION TO STIPIILATION AND JOINT MOTION <br />TO SETTLE ADVERSARY PROCEEDING AND <br />REQIIEST FOR HEARING <br />The Creditor, Darlene J. Fehr, through her counsel, Ankele, <br />Icenogle, Norton, White & Seter, P.C., submits the following <br />Objection to the "Stipulation and Joint Motion to Settle Adversary <br />Proceeding" filed by the Chapter 7 Trustee and Creditor Dena E. <br />Braley. <br />1. On April 9, 1997 Ms. Braley and the Trustee filed a <br />stipulation and joint motion to settle Adversary Proceeding no. 96- <br />1846 DEC. <br />2. In the stipulation, the parties agree that Ms. Braley <br />will have an allowed unsecured claim in the amount of $80,000.00, <br />out of an originally filed claim for $100,000.00. <br />3. Ms. Fehr and her counsel have examined in detail the <br />written justification given for the stipulation. They were <br />informed that in the Trustee's view, only $71,612.05 of documented <br />claims were actually allowable as submitted by the Creditor, Dena <br />Braley. However, the Trustee agreed upon an $80,000.00 figure as <br />a compromise. <br />4. In reviewing the documentation, Ms. Fehr has discovered <br />that the $71,612.05 amount includes $7,583.51 of charges that were <br />used to pay Ms. Braley's personal expenses. For example, the <br />estate has been charged by Ms. Braley for taxes paid on lots lA and <br />1B in the Braley acres subdivision, lots which are owned only in <br />Dena Braley's name. Further, charges have been made to the South <br />Chatfield Community Water Association and to the Douglas County <br />Treasurer, for expenses pertaining to those same lots. In <br />
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