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IN RE THOMAS

BAP No. 06-068, Bankruptcy No. 03-11882-7, Adversary Nos. 04-5228, 04-5232.

362 B.R. 478 (2007)

In re Matthew W. THOMAS, Pamela J. Thomas, also known as Pamela J. Carroll, Debtors. Wachovia Bank, N.A., formerly known as First Union National Bank, Trustee for Long Beach Mortgage Loan Trust 2001-4, Plaintiff — Defendant — Appellee, v. J. Michael Morris, Trustee, Defendant — Plaintiff — Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

February 12, 2007.

Attorney(s) appearing for the Case

J. Michael Morris, pro se.

Michael D. Doering, Kansas City, Missouri, for Plaintiff — Defendant — Appellee.

Before CLARK, CORNISH, and TALLMAN, Bankruptcy Judges.

TALLMAN, Bankruptcy Judge.

This matter involves a dispute between the Debtors' Chapter 7 trustee ("Trustee") and Wachovia Bank, N.A. ("Wachovia"), with respect to rights in the Debtors' manufactured home.2 Wachovia is the foreclosing creditor who purchased Debtors' real property in a foreclosure sale. The Trustee appeals from the bankruptcy court's judgment denying his Complaint to Avoid and Preserve...

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