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IN RE TOLEDO

No. 97-5517.

170 F.3d 1340 (1999)

In re: Orlando TOLEDO and Maria Toledo, Debtors. Continental National Bank of Miami, a national banking corporation, Plaintiff-Appellant, v. Carmen Sanchez, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 2, 1999.

Attorney(s) appearing for the Case

Elliot H. Scherker, Greenberg, Traurig, Hoffman, et al., Stephen Mendelsohn, Miami, FL, for Plaintiff-Appellant.

Stormie Stafford, Castillo, Stafford & Wald, Coral Gables, FL, for Defendant-Appellee.

Before ANDERSON and DUBINA, Circuit Judges, and FAY, Senior Circuit Judge.

ANDERSON, Circuit Judge:

Carmen Sanchez filed the instant adversary proceeding against the trustee of the bankruptcy estate ("Estate") of Orlando and Maria Toledo, the debtors themselves, and the Continental National Bank of Miami ("Bank"). The bankruptcy court invalidated the Bank's mortgage on real estate owned by a partnership of which the debtors and Sanchez were the partners. The district court affirmed the bankruptcy court, applying the deferential standards...

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