Jointly Administered Under: No. 04-00757-W11, ANDREW P. BERGMAN [CLAIM DOCKET NO. 5139], RELATED DOCKET NOS.: Docket No. 2522 [Objection to Claim]; Docket No. 2523 [Notice of Objection]; Docket No. 2810 [Response to Objection]; Docket No. 3879 [Request for Entry of Order].United States Bankruptcy Court, E.D. Washington.
June 23, 2005
Barry W. Davidson, Robert S. Delaney, DAVIDSON MEDEIROS, Spokane, Washington, and Charles R. Ekberg, Susan Brye Jahnke, Mary Jo Heston, LANE POWELL PC, Seattle, Washington, Attorneys for Metropolitan Mortgage and Securities Co., Inc., Debtor and Debtor-in-Possession.
CRUMB MUNDING, P.S., John D. Munding, Attorney for Claimant, Andrew P. Bergman.
ORDER DISALLOWING PROOF OF CLAIM
PATRICIA WILLIAMS, Chief Judge, Bankruptcy
This matter having come on for hearing on the Objection to Claim, Unsworn Declaration in Support of Objection, and Notice of Right to File Response (the
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“Objection”) filed by Metropolitan Mortgage Securities Co., Inc., by and through its counsel Davidson Medeiros, with respect to the Proof of Claim filed by Andrew P. Bergman (the “Claimant”) against Metropolitan in the amount of $60,649.00 under Claim Docket Number 5139 (the “Claim”) and the Court finding that the Objection was served on the Claimant as required by law, and John D. Munding, counsel for the Claimant, having filed a response to the Objection, and having stipulated to this Order, and the Court further finding that the Objection has established a prima facie basis for disallowance of the Claim, and the Court being fully advised in the premises; NOW THEREFORE,
IT IS HEREBY ORDERED that the Claim is disallowed as a general unsecured claim.
IT IS FURTHER ORDERED that the Claim, if liquidated by a Court of competent jurisdiction, shall be allowed against Metropolitan as a claim for damages arising from the purchase or sale of a security or securities. If so allowed, the Claim shall be subordinated to all claims or interests that are senior
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to or equal the claim or interest represented by such security or securities, pursuant to 11 USC 510(b).
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