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IN RE TRASK

BAP No. EB 11-043. Bankruptcy No. 09-11698-LHK. Adversary No. 10-01005-LHK.

462 B.R. 268 (2011)

Sara Marie TRASK, d/b/a Marsh River Steel, a/k/a Sara M. Goss, a/k/a Sarea Goss, a/k/a Sarah Trask, and Douglas Todd Trask, d/b/a Marsh River Steel, Debtors. Pasquale Perrino, Chapter 7 Trustee, Plaintiff-Appellee. v. BAC Home Loans Servicing, LP, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the First Circuit.

December 15, 2011.

Attorney(s) appearing for the Case

Victor Shapiro, Esq. , on brief for Defendant-Appellant.

Pasquale J. Perrino, Jr., Esq. , on brief for Plaintiff-Appellee.

Before HILLMAN, BOROFF, and CABÁN, United States Bankruptcy Appellate Panel Judges.

BOROFF, Bankruptcy Judge.

BAC Home Loans Servicing, LP ("BAC")1 appeals from a judgment of the United States Bankruptcy Court for the District of Maine in favor of Pasquale Perrino, chapter 7 trustee (the "Trustee"), and against BAC as to their competing interests in certain real estate. BAC asserts an equitable interest in the subject real property arising from a mutual mistake (among BAC's predecessor in interest and the Debtors, defined...

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