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IN RE ZAPTOCKY

Bankruptcy No. 98-13062, Adversary No. 98-1206.

231 B.R. 260 (1998)

In re Bernard L. ZAPTOCKY, Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee, Plaintiff, v. Bernard L. Zaptocky et al., Defendants.

United States Bankruptcy Court, N.D. Ohio, Eastern Division.

November 20, 1998.

Attorney(s) appearing for the Case

Stephen D. Hobt, Cleveland, Ohio, for plaintiff.

Amelia A. Bower, Cleveland, Ohio, for Chase Manhattan Bank.

Ronald A. DeVito, Weltman, Weinberg & Reis Co., Cleveland, Ohio, for Chase Manhattan Bank.

Jonathan P. Blakely, Cleveland, Ohio, for defendant/debtors.

David O. Simon, Cleveland, Ohio, trustee.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

This matter came before the Court on the Trustee's complaint to determine the priority, validity, and extent of liens and to set aside the mortgage of the Defendant, Chase Manhattan Bank N.A. ("Chase") as provided under 11 U.S.C. § 544(a)(1) and § 5301.01 O.R.C. The dispositive facts in this case are not in dispute, except on the issue of which individuals were present at a mortgage...

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