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IN RE DUCATE

C/A No. 05-04184-DD, Adversary No. 06-80086-DD.

355 B.R. 536 (2006)

In re John S. DUCATE, Debtors. Ryan W. Hovis, Plaintiff, v. Anne L. Ducate, Defendant.

United States Bankruptcy Court, D. South Carolina.

November 7, 2006.

Attorney(s) appearing for the Case

Jane H. Downey, Columbia, SC, for Debtor.

Richard R. Gleissner, Columbia, SC, Stephanie G. Borsanyi, Finkel Law Firm, LLC, Columbia, SC, for Plaintiff.

Robert E. Culver, The Culver Firm, LLC, Charleston, SC, for defendant.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

DAVID R. DUNCAN, Bankruptcy Judge.

THIS MATTER is before the Court on Anne L. Ducate's ("Defendant") Motion for Summary Judgment ("Motion") pursuant to Fed. R. Bankr.P. 7056. A hearing was held on the Motion October 3, 2006 where both Defendant and Ryan W. Hovis ("Trustee" or "Plaintiff') appeared, by and through counsel, to argue the Motion.

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