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IN RE COLON

BAP No. KS-07-023, Bankruptcy No. 04-42171-13, Adversary No. 05-07032.

376 B.R. 33 (2007)

In re Jorge COLON Jr. and Antoinette Valentina Ortiz-Colon, also known as Toni Ortiz-Colon, Debtors. Jan Hamilton, Trustee, Plaintiff Appellee, v. Washington Mutual Bank FA, Defendant-Appellant, and Jorge Colon Jr. and Antoinette Valentina Ortiz-Colon, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

September 19, 2007.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Thomas M. Franklin, The Franklin Law Firm, Kansas City, MO, for Defendant-Appellant.

Jan Hamilton, pro se, Teresa L. Rhodd, Topeka, KS, for Plaintiff-Appellee.

Before BOHANON, BROWN, and McNIFF, Bankruptcy Judges.

McNIFF, Bankruptcy Judge.

Washington Mutual Bank FA and Mortgage Electronic Systems, Inc. ("MERS") (collectively "Washington Mutual") timely appeal the bankruptcy court's January 26, 2007, final Judgment in favor of the Chapter 13 Trustee, Jan Hamilton ("Trustee"). The Judgment avoided. Washington Mutual's mortgage on the debtors' residence and denied Washington Mutual's Motion for Relief from the Automatic Stay. The parties have consented to this Court's jurisdiction...

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