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In re Dugar

06 B 11328

Claimant filed a claim against the Debtors’ estate for a breach of contract relating to a contract for home repair work. Each party claimed the other breached the contract. A two-day hearing was held. The Debtors testified that the claimant made work difficult for the Debtors while performing under the contract. She constantly complained about the work, insulted and made vulgar comments consistently to one of the co-debtors while he was trying to work. Events culminated when claimant told the Debtors that she refused to pay any more than the initial deposit for any work the Debtors had done or would do under the contract. The Debtors also brought in a subsequent contractor to testify whom the claimant had also hired to do work on her home. His testimony echoed the Debtors’ testimony. The Debtors met their burden of rebutting the claimant’s claim and the claim was denied.

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Tuesday, August 19, 2008