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IN RE LEPELLEY

Bankruptcy No. 98-13062, Adversary No. 98-1381.

233 B.R. 802 (1999)

In re Margo A. LEPELLEY, Thomas A. Lepelley, Debtors. Brian A. Bash, Trustee, Plaintiff, v. Thomas A. Lepelley, et al., Defendants.

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

May 11, 1999.

Attorney(s) appearing for the Case

Lauren A. Helbling, Cleveland, Ohio, for plaintiff.

Robert C. Bianchi, Parma Hts., Ohio, Stephen D. Hobt, Cleveland, Ohio, for debtor.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

The matter before the court is the Trustee's complaint to avoid a mortgage pursuant to 11 U.S.C. § 544 and a cross claim of the Debtors, Mango and Thomas Lepelley ("Debtors") against Novastar Mortgage Inc. ("Novastar"). The pertinent facts in this case are not in dispute, except on the issue of which individuals were present at a mortgage...

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