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IN RE CHARLES

Bankruptcy No. 00-13388. Adversary No. 00-5345.

268 B.R. 575 (2001)

In re Robert Fritz CHARLES, Jan Aloise Charles, Debtors. J. Michael Morris, Trustee, Plaintiff, v. The CIT Group/Equipment Financing, Inc., Defendant.

United States Bankruptcy Court, D. Kansas.

October 23, 2001.

Attorney(s) appearing for the Case

J. Michael Morris, Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, KS, for Plaintiff/Trustee.

Jack C. Marvin, Morrison & Hecker, L.L.P., Wichita, KS, for Defendant.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

JULIE A. ROBINSON, Bankruptcy Judge.

Defendant The CIT Group/Equipment Financing, Inc. ("CIT"), filed a motion for summary judgment on Plaintiff's claim to avoid an unperfected security interest. Defendant asserts that, even if this Court were to hold that Defendant's leases were disguised security interests, the Plaintiff...

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