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IN RE SOLOMON

BAP No. NO-03-006, Bankruptcy No. 01-04480-M, Adversary No. 02-0057-M.

299 B.R. 626 (2003)

In re James Milton SOLOMON, doing business as Officer & Director of Sabre Intl.; and Carla Dean Solomon, doing business as Officer & Director of Sabre Intl., Debtors. Stillwater National Bank and Trust Company, Plaintiff-Appellant, v. Scott P. Kirtley, Trustee, Defendant-Appellee, Gold Bank, Defendant.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

October 6, 2003.

Attorney(s) appearing for the Case

Bryan J. Wells, Connor & Winters, P.C., Oklahoma City, OK (Jared D. Giddens with him on the brief), for Plaintiff-Appellant.

Scott P. Kirtley, Tulsa, OK, trustee, pro se.

Before CLARK, NUGENT, and THURMAN, Bankruptcy Judges.

OPINION

NUGENT, Bankruptcy Judge.

This appeal involves an adversary proceeding brought by Stillwater National Bank & Trust Company ("Bank") against the Chapter 7 trustee Scott P. Kirtley ("Trustee") seeking a determination that two prepetition mortgages covering commercial real property given by the debtors to secure their existing guaranty of the debt of Sabre International, Inc. ("Sabre") were valid and enforceable liens against the property and prior...

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