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IN RE SMITH

Bankruptcy No. 97-55607-R, Adversary No. 98-4214-R.

224 B.R. 44 (1998)

In re Michelle SMITH, Debtor. Michelle SMITH, Plaintiff, v. Leon LONDON, d/b/a/ Authorized Financial Consultants, Mellon Mortgage Corp., and County of Wayne Defendants. Leon LONDON, d/b/a Authorized Financial Consultants, Cross-Plaintiff v. MELLON MORTGAGE CORP., Cross-Defendant.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

September 1, 1998.

Attorney(s) appearing for the Case

Gary Boren, Dearborn, MI, for Plaintiff.

Robert Bassel, Southfield, MI, for Leon London.

Marcy Ford, Bingham Farms, MI, for Mellon Mortgage.

MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT

STEVEN W. RHODES, Bankruptcy Judge.

This matter is before the Court on summary judgment motions filed by the plaintiff, Michelle Smith, and by the defendants, Leon London and Mellon Mortgage. Following oral argument, the Court took the matter under advisement. For the reasons stated below, Smith's motion is granted and the defendants' motions are denied.

I.

In March, 1989, upon the...

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