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IN RE HILL

No. 02-17129.

304 B.R. 800 (2003)

In re Dennis F. HILL, Barbara Jean Hill, Debtors.

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

October 3, 2003.

Attorney(s) appearing for the Case

David A Kruer, Dearfield, Kruer & Warren, LLC, Michael W Warren, Cincinnati, OH, for Debtors.

MEMORANDUM OF DECISION ON MOTION TO VALUATE AND VOID LIEN OF BANK ONE

JEFFERY P. HOPKINS, Bankruptcy Judge.

Before the Court is a Motion to Valuate and Void Lien of Bank One ("Motion") (Doc. 22) filed by the Debtors. By their motion, the Debtors seek an order avoiding a second mortgage held by Bank One, N.A. ("Bank One"). The issue presented is whether a Chapter 13 debtor can avoid a mortgage, on the sole basis that the mortgage is alleged to be wholly unsecured...

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