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IN RE SULLIVAN

BAP No. MB 07-057. Bankruptcy No. 05-24337-JBR. Adversary No. 06-01412-JBR.

387 B.R. 353 (2008)

John E. SULLIVAN, Debtor. Lynne F. Riley, Chapter 7 Trustee, Plaintiff-Appellee, v. John E. Sullivan, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the First Circuit.

May 9, 2008.

Attorney(s) appearing for the Case

Gary E. Evans, Esq., on brief for Defendant-Appellant.

Lynne F. Riley, Esq. and Maria C. Furlong, Esq., on brief for Plaintiff-Appellee.

Before VOTOLATO, CARLO and TESTER, United States Bankruptcy Appellate Panel Judges.

VOTOLATO, Bankruptcy Judge.

John E. Sullivan ("Debtor") seeks review of a judgment of the United States Bankruptcy Court for the District of Massachusetts denying his motion for summary judgment, granting the Chapter 7 Trustee's motion for summary judgment, and further ordering: (1) that an unrecorded mortgage on the Debtor's house (the "property") is avoided; (2) the avoided mortgage is preserved for the benefit of the bankruptcy estate; and (3) the Debtor's homestead...

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