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IN RE BODENSTEIN

No. 00-6055 WA.

253 B.R. 46 (2000)

In re Ronald BODENSTEIN and Barbara Bodenstein, Debtors. John T. Lee, Trustee, Plaintiff-Appellant, v. National Home Centers, Inc., Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed September 25, 2000.

Attorney(s) appearing for the Case

Ronald L. Boyer, Robert Teague, Rogers, AR, for appellant.

M. Todd Wood, Phyllis M. McKenzie, Fayetteville, AR, for appellee.

Before KOGER, Chief Judge, KRESSEL and SCHERMER, Bankruptcy Judges.

SCHERMER, Bankruptcy Judge.

Trustee John T. Lee ("Chapter 7 Trustee") appeals the bankruptcy court1 order granting summary judgment in favor of Defendant National Home Centers, Inc. ("Defendant") in connection with the Chapter 7 Trustee's avoidance action. In his complaint, the Chapter 7 Trustee seeks to avoid as preferential pursuant to 11 U.S.C. § 547 certain mortgages granted by debtors Ronald Bodenstein and Barbara Bodenstein...

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