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IN RE AGUILAR

BAP No. MB 10-045. Bankruptcy No. 08-11434-FJB. Adversary Proceeding No. 08-01263-FJB.

450 B.R. 258 (2011)

Sergio D. AGUILAR and Xiomara Janet Aguilar, Debtors. Joseph Braunstein, Chapter 7 Trustee, Plaintiff-Appellant, v. Jason Dexter, Mortgage Electronic Registration Systems, Inc., GMAC Mortgage Corporation, Taylor, Bean & Whitaker Mortgage Corp., and Michaela Betty, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

April 25, 2011.

Attorney(s) appearing for the Case

Mark W. Corner, Esq. , on brief for Plaintiff-Appellant.

Kevin P. McMahon, Esq. , on brief for Defendant-Appellee Michaela Betty.

Amato J. Bocchino, Jr., Esq. , on brief for Defendants-Appellees Jason Dexter, Mortgage Electronic Registration Systems, Inc., GMAC Mortgage Corporation, and Taylor, Bean & Whitaker Mortgage Corp.

Before HAINES, LAMOUTTE, and DEASY, United States Bankruptcy Appellate Panel Judges.

HAINES, Bankruptcy Judge.

Joseph Braunstein, chapter 7 trustee, appeals from the bankruptcy court's determination that the debtors conveyed certain condominium units before the commencement of their bankruptcy case, and consequently, that the units were not property of the estate. For the reasons set forth below, we VACATE the bankruptcy court's judgment and REMAND the matter for further proceedings consistent with this decision.

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