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IN RE CARNES

Bankruptcy No. 04-10075, Adversary No. 05-1011.

331 B.R. 229 (2005)

In re Kevin L. CARNES and Belinda R. Carnes, Debtors. Henry Ray Pope III, Trustee, Plaintiff, v. Interbay Funding LLC, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

October 4, 2005.

Attorney(s) appearing for the Case

Henry Ray Pope III, Esq., Clarion, PA, Trustee and Attorney Pro Se.

Susan F. Reiter, Esq., Erie, PA, for Interbay Funding, LLC.

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Factual Background

Kevin L. Carnes and his spouse, Belinda R. Carnes (collectively, "Debtors"), filed a voluntary Petition under Chapter 7 of the Bankruptcy Code on January 10, 2004 ("Filing Date"). Henry Ray Pope III, Esq. serves as Chapter 7 Trustee (the "Trustee"). As of the Filing Date, Debtors were the owners of a certain 3.9 acre parcel of land located in Barrett Township, Jefferson...

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