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IN RE CARTE

Bankruptcy No. 01-57344. Adversary No. 01-2311.

303 B.R. 338 (2003)

In re Samuel J. CARTE, Amy J. Carte, Debtors. Larry J. McClatchey, Trustee, Plaintiff, v. Altegra Credit Company, Assignee of the CIT Group/Consumer Finance, Inc. Defendant.

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

December 4, 2003.

Attorney(s) appearing for the Case

Larry J. McClatchey, Stephen D. Estelle, Kegler, Brown, Hill & Ritter Co., L.P.A., Columbus, OH, for Plaintiff.

Robert B. Holman, McDonald, Frank, Hitzeman & Holman, Cleveland, OH, Gregory W. Happ, Medina, OH, Geoffrey J. Peters, Weltman, Weinberg & Reis Co. LPA, Columbus, OH, for the Defendant.

Stephen C. Heine, Cambridge, OH, for the Debtors.

Alexander G. Barkan, Columbus, OH, Assistant U.S. Trustee.

ORDER GRANTING MOTION OF THE PLAINTIFF FOR PARTIAL SUMMARY JUDGMENT AND DENYING MOTION FOR SUMMARY JUDGMENT OF THE DEFENDANT

CHARLES M. CALDWELL, Bankruptcy Judge.

On June 22, 2001, the above-captioned Debtors filed bankruptcy under chapter 7 of the United States Bankruptcy Code ("Code"). A Second Amended Complaint to Avoid Mortgage was filed by the chapter 7 Trustee, Larry J. McClatchey ("Plaintiff") on July 11, 2002. The Plaintiff seeks...

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