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IN RE ERNST

Bankruptcy No. 00-35663. Adversary No. 01-3048.

270 B.R. 707 (2001)

In re Everett E. ERNST, and Barbara L. Ernst, Debtors. Everett E. Ernst, Barbara L. Ernst, Plaintiffs, v. Bank One, N.A., Defendant.

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

December 19, 2001.

Attorney(s) appearing for the Case

Lester R. Thompson, Dayton, OH, for Everett E. Ernst and Barbara L. Ernst.

Robert K. Hogan, Javitch, Block, Eisen & Rathbone, Cincinnati, OH, for Bank One.

Jeffrey M. Kellner, Englewood, OH, Chapter 13 Trustee.

DECISION GRANTING DEBTORS' MOTION TO AVOID THE MORTGAGE LIEN OF BANK ONE, N.A.

THOMAS F. WALDRON, Chief Judge.

On April 16, 2001, the debtors through counsel, filed an adversary proceeding to avoid a junior mortgage lien of the defendant/creditor, Bank One, N.A. ("Bank One"), alleging the mortgage was not supported by any value and should be treated as an unsecured claim in any plan confirmed in this Chapter 13 case (Adv.Doc. 1-1). On May 2, 2001...

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