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IN RE HEIDKAMP

Bankruptcy No. 9:04-BK-22830-ALP, Adversary No. 9:05-AP-00170-ALP.

326 B.R. 472 (2005)

In re Thomas S. HEIDKAMP, Debtor. Thomas S. Heidkamp, Debtor, Plaintiff, v. Fifth Third Bank (Florida), Defendant.

United States Bankruptcy Court, M.D. Florida, Fort Myers Division.

June 7, 2005.

Attorney(s) appearing for the Case

Louis X. Amato, Louis X. Amato, PA, Naples, FL, for Debtor/Plaintiff.

Melville G. Brinson, III, Smoot Adams Edwards & Brinson, PA, Fort Myers, FL, for Creditor/Defendant.

Lori V. Vaughan, Foley & Lardner, Tampa, FL, for Defendant.

Anne Dalton, Lee County Tax Collector, John Noland, Henderson, Franklin, Starnes & Holt, Douglas B. Szabo, Fort Myers, FL, W. Keith Fendrick, Foley & Lardner, Tampa, FL, Michael C. Markham, Johnson Pope Bokor Ruppel & Burns LLP, Clearwater, FL, Matthew Scott Toll, Lusk Drasites & Tolisano PA, Cape Coral, FL, for Creditors.

Diane L. Jensen, Attorney for Trustee, Fort Myers, FL, for Interested Party.

ORDER ON MOTION FOR SUMMARY JUDGMENT (Doc. No. 9)

ALEXANDER L. PASKAY, Bankruptcy Judge.

THE MATTER under consideration in this Chapter 13 case of Thomas S. Heidkamp (Debtor) is a Motion for Summary Judgment filed by the Debtor who seeks a determination as a matter of law that the Fifth Third Bank, Florida, has no valid security interest in any of the assets of the Debtor. It is the contention of the Debtor that the facts relevant to the resolution...

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