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ATFH REAL PROPERTY, LLC v. STEWART

No. 49A02-0706-CV-536.

879 N.E.2d 1184 (2008)

ATFH REAL PROPERTY, LLC, Appellant/Plaintiff, v. Howard E. STEWART, JP Morgan Chase Bank, Equicrredit Corp. of America, GMAC Mortgage and all their husbands, wives, widows, widowers, heirs, devisees, successors, assigns, and all other persons claiming any right, title, or interest in the described real estate by, through, or under them or any other person or entity, the names of all of whom are unknown to the Plaintiff, Appellees/Defendants.

Court of Appeals of Indiana.

January 31, 2008.

Attorney(s) appearing for the Case

John E. Kolas, Slaughter & Kolas, Indianapolis, IN, Attorney for Appellant.

Bryan K. Redmond, Feiwell & Hannoy, P.C. Indianapolis, IN, Attorney for Appellee.

OPINION

BRADFORD, Judge.

Appellant-Plaintiff ATFH Real Property, LLC, appeals from the trial court's entry of summary judgment in favor of Appellee-Defendant GMAC Mortgage ("GMAC"). We affirm.

FACTS

On March 13, 2002, Howard Stewart filed for bankruptcy pursuant to Chapter 13 of the Federal Bankruptcy Code in the Southern District of Indiana. Among Stewart's assets was a house at 1841 North Bolton Avenue in Indianapolis, on which GMAC held...

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