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IN RE TRUJILLO

No. 06-8098.

378 B.R. 526 (2007)

In re Gary Victor TRUJILLO, Debtor. Select Portfolio Services, Inc. and The CIT Group/Consumer Finance, Inc., Defendants-Appellants, v. Beverly Burden, Chapter 13 Trustee, Plaintiff-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: November 14, 2007.

Attorney(s) appearing for the Case

ARGUED: Douglas T. Logsdon, McBrayer, McGinnis, Leslie & Kirkland, Lexington, KY, for Appellants. John Martin Simms, Atkinson, Simms & Kermode, Lexington, KY, for Appellee.

ON BRIEF: Douglas T. Logsdon, McBrayer, McGinnis, Leslie & Kirkland, Lexington, KY, for Appellants. John Martin Simms, Atkinson, Simms & Kermode, Lexington, KY, for Appellee.

Before AUG, LATTA, and WHIPPLE, Bankruptcy Appellate Panel Judges.

OPINION

AUG, Chief Judge.

The CIT Group/Consumer Finance, Inc. ("CIT") and Select Portfolio Servicing, Inc. ("Select Portfolio")1 appeal the bankruptcy court's judgment entered July 13, 2006 (the "July 13th Order"), granting summary judgment for Beverly Burden, the chapter 13 trustee (the "Trustee"). The bankruptcy court's decision is based on its determination that CIT's mortgage did not provide constructive notice to subsequent...

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