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IN RE CALDWELL

Bankruptcy No. 99-51038. Adversary No. 99-103.

257 B.R. 241 (2000)

In re Robert L. CALDWELL and Elaine M. Caldwell, Debtors. William B. Logan, Jr., Trustee, Plaintiff, v. U.C. Lending, Inc., Defendant.

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

November 22, 2000.

Attorney(s) appearing for the Case

Kenneth M. Richards, Luper Sheriff & Neidenthal, Columbus, OH, for plaintiff.

David A. Freeburg, Cleveland, OH, for defendant.

Alexander G. Barkan, Columbus, OH, Assistant United States Trustee.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

CHARLES M. CALDWELL, Bankruptcy Judge.

This adversary proceeding is before the Court on the motion for summary judgment filed by the Plaintiff, case trustee William B. Logan, Jr. ("Plaintiff"). The Defendant, U.C. Lending, Inc. ("Defendant"), has opposed the motion. For the reasons that follow, the Court finds that, as a matter of law, the mortgage executed...

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