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IN RE NIES

Bankruptcy No. 94-30841. Adv. No. 95-7013.

183 B.R. 866 (1995)

In re Kent W. and Twila NIES, Debtors. Wayne DREWES, as bankruptcy trustee for Kent W. Nies and Twila Nies, Plaintiff, v. SECURITY STATE BANK OF WISHEK, Defendant.

United States Bankruptcy Court, D. North Dakota.

June 29, 1995.

Attorney(s) appearing for the Case

Wayne Drewes, Trustee.

Tarek Howard and Kip Kaler, Fargo, ND, for plaintiff.

David L. Johnson, Fargo, ND, for defendant.

MEMORANDUM & ORDER

WILLIAM A. HILL, Bankruptcy Judge.

The Chapter 7 Trustee, Wayne Drewes (Trustee), commenced the above-entitled action by Complaint filed on March 7, 1995, seeking to avoid a security interest in specified real property acquired by virtue of a mortgage given by the debtors, Kent and Twila Nies (Nies), to the Security State Bank of Wishek (Bank). The Trustee essentially asserts that the Bank's mortgage is unenforceable and inferior to...

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