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IN RE HEARN

Nos. 04-62224, 05-5330.

337 B.R. 603 (2006)

In re Terry S. HEARN, Debtor. Terry S. Hearn, Plaintiff v. Bank of New York, Countrywide Home Loans, Defendants.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

February 3, 2006.

Attorney(s) appearing for the Case

Charles J. Schneider, Livonia, MI, for Debtor/Plaintiff.

J. Kyle Guthrie, Jessica B. Allmand, Myers & Allmand, PLLC, Brighton, MI, for Defendants.

OPINION (1) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; AND (2) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

PHILLIP J. SHEFFERLY, Bankruptcy Judge.

I. Introduction

This matter is before the Court upon a complaint filed by Terry S. Hearn, the Debtor in this Chapter 13 case, to avoid a lien. The complaint seeks to avoid a mortgage lien held by Countrywide Home Loans as nominee for Bank of New York under 11 U.S.C. §...

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