In re Russell
May
03
2013
Ruling
Objection to deficiency claim overruled where foreclosure sale price established amount of claim.
Procedural posture
A creditor filed a proof of claim based on a deficiency after a foreclosure sale of a bankruptcy debtor's condominium property. The debtor objected to the creditor's claim on the grounds that the property was uninhabitable based on noise problems which were not disclosed, and that the foreclosure sale price was inadequate.
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Court
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