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MIDWEST HOLDING & 7, LLC v. ANDERSON

Civ.A. No. l:07-CV-2830-TWT.

387 B.R. 892 (2008)

MIDWEST HOLDING # 7, LLC, Appellant, v. Paul H. ANDERSON, Jr. Trustee, Appellee.

United States District Court, N.D. Georgia, Atlanta Division.

April 22, 2008.

Attorney(s) appearing for the Case

Mark Alan Kelley, Kitchens Kelley Gaynes, Atlanta, GA, for Appellant.

William Lee Rothschild, Ellenberg Ogier & Rothschild, Atlanta, GA, for Appellee.

OPINION AND ORDER

THOMAS W. THRASH, JR., District Judge.

This is a bankruptcy appeal. It is before the Court on the Appellant Midwest Holding # 7, LLC's appeal of the Bankruptcy Judge's Order granting the Trustee's Motion for Summary Judgment. For the reasons stated below, the judgment of the Bankruptcy Court is AFFIRMED.

I. Background

The facts are undisputed. In 2002, the debtor, Tanner Family, LLC, entered into a lease...

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