Jointly administered under: No. 04-00757-W11, (Claim Docket #384), Related Docket #: 3985 (Objection to Claim) 4229 (Response to Objection) 5726 (Notice of Hearing).United States Bankruptcy Court, E.D. Washington.
September 6, 2005
KEVIN O’ROURKE, WSBA #28912, SOUTHWELL O’ROURKE, P.S., Spokane, WA, Attorney for Unsecured Creditors, Committee of Summit Securities, Inc.
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 “Objection”) filed by the Summit Unsecured Creditors’ Committee, by and through its counsel, Southwell O’Rourke, P.S., with respect to the Proof of Claim filed by Petrousek, Milton Helen (the “Claimant”) against Summit Securities, Inc. in the amount of $1,514.45, under claim docket number 384 (the “Claim”), Southwell O’Rourke, appearing on behalf of the Summit Unsecured Creditors’ Committee,Petrousek, Milton Helen, not appearing, the Court finding that the Objection was
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properly served on the Claimant as required by law, the Objection being made upon the best information available to the Summit Unsecured Creditors’ Committee, the Summit Unsecured Creditors’ Committee reasonably believes that Claimant only holds preferred stock in the Summit Securities, Inc. bankruptcy case, 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, ADJUDGED, AND DECREED
that the preferred stock claim of Claimant(s) is disallowed in its entirety.
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