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IN RE GRIFFEY

BAP No. CO-05-066. Bankruptcy No. 03-34845-ABC. Adversary No. 04-01406-ABC.

335 B.R. 166 (2005)

In re Larry GRIFFEY and Nora Jean Griffey, Debtor. Larry Griffey and Nora Jean Griffey, Plaintiffs-Appellants, v. U.S. Bank, Defendant-Appellee.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

December 12, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:* Stephen E. Berken, Jennifer O. Pielsticker, Law Offices of Stephen Berken, Denver, CO, for Appellants.

Before BOHANON, CORNISH, and MICHAEL, Bankruptcy Judges.

OPINION

BOHANON, Bankruptcy Judge.

The Appellants appeal the "Order Denying Motion for Reconsideration and for Entry of Default Judgment." As explained below, the Court reverses and remands this matter to the bankruptcy court.

Background

The facts are undisputed. The Appellants are the debtors in the underlying Chapter 13 bankruptcy case, and they brought a complaint against U.S. Bank ("the Bank"), seeking to "strip off" the Bank's second...

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