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IN RE HUFFMAN

Nos. 02-4468, 03-3174, 03-3175.

369 F.3d 972 (2004)

In re Douglas R. HUFFMAN; In re Robin Lynn Huffman; In re Edward N. Tucholski; In re Debbie S. Tucholski; In re John J. Rice; In re Josephine E. Rice, Debtors. Patricia A. Kovacs, Trustee, Plaintiff-Appellee, v. First Union Home Equity Bank, et al., Defendants, First Union Mortgage Corporation, Defendant-Appellant. In re Douglas R. Huffman; In re: Robin Lynn Huffman, Debtors. Patricia A. Kovacs, Trustee, Plaintiff-Appellee, v. First Union Home Equity Bank, et al., Defendants-Appellants. In re Edward N. Tucholski; In re: Debbie S. Tucholski, Debtors. John N. Graham, Trustee; Patricia A. Kovacs, Trustee, Plaintiffs-Appellees, v. National Lending Center, Inc.; First Union National Bank, as Indenture Trustee, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 26, 2004.

Attorney(s) appearing for the Case

Ericka S. Parker (argued and briefed), Hunter & Schank, Toledo, OH, for Plaintiffs-Appellees in 02-4468, 03-3174 and 03-3175.

David A. Freeburg (briefed), McFadden & Associates Co., Cleveland, OH, John C. Deal (briefed), Kegler, Brown, Hill & Ritter, Columbus, OH, Gregory W. Happ (argued and briefed), Medina, OH, Robert B. Holman (briefed), McDonald, Frank, Hitzman & Holman, Oakwood Village, OH, for Defendants-Appellants in 02-4468, 03-3174 and 03-3175.

Michael Sikora III (briefed), James R. Havens, William L. Willis, Jr., Havens & Willis, Columbus, OH, for Amicus Curiae in 02-4468, 03-3174 and 03-3175.

Before: COLE and GILMAN, Circuit Judges; SCHWARZER, Senior District Judge.

OPINION

SCHWARZER, Senior District Judge.

These are three consolidated appeals from judgments of the district court allowing the bankruptcy trustee to avoid mortgages held by the defendants, First Union Home Equity Bank and ContiMortgage Corporation, under 11 U.S.C. § 544. In In re Rice, No. 02-4468, the district court exercised its appellate jurisdiction under 28 U.S.C. § 158(a) and reversed a judgment by the bankruptcy court, which had...

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