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IN RE THORIEN

Bankruptcy No. 06-00081-TLM, Adversary No. 06-06019-TLM.

349 B.R. 59 (2006)

In re Jan L. THORIEN & Mark E. Thorien, Debtors. Jan L. Thorien & Mark E. Thorien, Plaintiffs, v. Baro Enterprises, LLC; Washington Mutual Bank; First American Title Co.; U.S. Bank National Assoc., DBA U.S. Bank; Key Bank, Defendants.

United States Bankruptcy Court, D. Idaho.

April 24, 2006.

Attorney(s) appearing for the Case

D. Blair Clark, Boise, ID, for Debtors/Plaintiffs.

Holger Uhl, Richard W. Stover, Eberle Berlin Kading Turnbow McKlveen, Derrick J. O'Neill, Charles W. Fawcett, Randall A. Peterman, Moffatt Thomas Barrett Rock & Fields, Boise, ID, for Defendants.

MEMORANDUM OF DECISION

TERRY L. MYERS, Chief Judge.

INTRODUCTION AND BACKGROUND

Jan and Mark Thorien ("Debtors") filed a chapter 11 bankruptcy petition on February 8, 2006. Doc. No. 1.1 Prior to filing their chapter 11 petition, Debtors defaulted on their home mortgage with the holder of a first priority deed of trust, Washington Mutual Bank ("WaMu"). Though there were several attempts to cure or negotiate a resolution...

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