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IN RE WEGNER

Bankruptcy No. 96-31261, Adversary No. 97-7012.

210 B.R. 799 (1997)

In re Doran Scott WEGNER, aka Doran Wegner and Denise Wegner, Debtors. Kip M. KALER, as Bankruptcy Trustee for Doran S. Wegner and Denise Wegner, Plaintiff, v. Elroy LETCHER, Defendant.

United States Bankruptcy Court, D. North Dakota.

July 10, 1997.

Attorney(s) appearing for the Case

Roger J. Minch, Fargo, ND, for Elroy Letcher.

Kip M. Kaler, Fargo, ND, for Trustee.

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

The Chapter 7 trustee, Kip M. Kaler (Trustee), commenced the above-entitled action by Complaint filed February 19, 1997, seeking avoidance of the Defendant Elroy Letcher's (Letcher) unrecorded mortgage pursuant to section 544(a)(3) and preservation of the mortgage lien for the benefit of the estate as provided by section 551 of the United States Bankruptcy Code. Letcher concedes his mortgage...

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