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M & I BANK, FSB v. WILKEY

No. CIV.A. 4:05cv-34-M.

347 B.R. 222 (2005)

M & I BANK, FSB, Appellant, v. Russ WILKEY, Trustee, Appellee.

United States District Court, W.D. Kentucky, Owensboro Division.

September 23, 2005.

Attorney(s) appearing for the Case

Lisa Koch Bryant, Foley Bryant & Holloway, Louisville, KY, Helene Gordon Williams, Foley Bryant & Holloway, Louisville, KY, for M & I Bank, FSB, Defendant.

David T. Reynolds, Reynolds & Wathen, LLP, Owensboro, KY, for American General Finance, Inc., Cross — Claimant.

Russ Wilkey, Owensboro, KY, for Russ Wilkey, Plaintiff.

MEMORANDUM OPINION AND ORDER

MCKINLEY, District Judge.

This matter is before the Court on appeal by Appellant, M & I Bank, FSP, from the judgment of the Bankruptcy Court MN 4]. Pursuant to 28 U.S.C. § 158(a), this Court is vested with jurisdiction to hear appeals of: the. United States Bankruptcy Court for the Western District of Kentucky. For the reasons set forth below, this Court reverses the decision of the Bankruptcy Court.

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