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IN RE YATKO

Bankruptcy No. 07-31456. Adversary No. 08-3028.

416 B.R. 193 (2008)

In re Robert Joseph YATKO and, Valerie Ann Yatko, Debtors. A. Burton Shuford, Trustee in Bankruptcy for Robert Yatko and Valerie Ann Yatko, Plaintiffs, v. Citizens South Bank, Defendant.

United States Bankruptcy Court, W.D. North Carolina, Charlotte Division.

September 10, 2008.

Attorney(s) appearing for the Case

A. Burton Shuford, Angela M. Heath, Shuford Hunter, PLLC, Charlotte, NC, for Debtors.

David W. Smith, III, Gray, Layton, Kersh, et al, Gastonia, NC, for Defendant.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

J. CRAIG WHITLEY, Bankruptcy Judge.

A HEARING was held July 31, 2008 on the Plaintiffs' Motion for Summary Judgment. Defendant Citizens South Bank Corporation was represented by David W. Smith. The Plaintiff/Trustee A. Burton Shuford represented himself.

The parties submit there are no facts in dispute and agree this action may be decided on summary judgment as a matter of law. Those...

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