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IN RE JONES

Bankruptcy No. 01-23555-7, Adversary No. 02-6022.

298 B.R. 451 (2003)

In re Mark A. JONES, Debtor. Mark A. Jones, Debra L. Jones, Plaintiffs, v. Novastar Mortgage, Inc., Defendant.

United States Bankruptcy Court, D. Kansas.

September 11, 2003.

Attorney(s) appearing for the Case

Michael D. Doering, Doering & Associates, P.C., Kansas City, MO, for Defendant.

Kenneth M. Gay, Consumer Advocate LLC, Lenexa, KS, for Plaintiffs.

ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT1

JOHN T. FLANNAGAN, Bankruptcy Judge.

Defendant Novastar Mortgage, Inc., seeks summary judgment on the plaintiffs' claims under the Truth in Lending Act for rescission of their mortgage transaction and under the Kansas Consumer Protection Act for Novastar's engaging in an unconscionable act or practice, as well as on its counterclaims against debtor Mark A. Jones objecting...

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