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IN RE ENDRESEN

BAP Nos. OR-15-1141-KiFJu OR-15-1190-KiFJu (cross-appeals), Bk. No. 11-35396-RLD, Adv. No. 14-3131-RLD.

548 B.R. 258 (2016)

IN RE: Michael W. ENDRESEN and Joanne Maureen Endresen, Debtors. Stephen P. Arnot, Chapter 7 Trustee, Appellant, v. Michael W. Endresen; Joanne Maureen Endresen; Green Tree Servicing, LLC; The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Holders of First Horizon Mortgage Pass-Through Certificates, Series FHAMS 2004-AA7; The Bank of New York Mellon, as Successor to JPMorgan Chase Bank, as Trustee for the Holders of Bear Stearns Alt-A Trust 2005-1 Mortgage Pass-Through Certificates, Series 2005-1; The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Holders of American Home Mortgage Investment Trust 2004-4; U.S. Bank, National Association, as Trustee for Adjustable Rate Mortgage Trust 2005-2, Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 2005-2, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed April 8, 2016.

Attorney(s) appearing for the Case

David A. Foraker of Greene & Markley, P.C., argued for appellant/cross-appellee Stephen P. Arnot, Chapter 7 Trustee; Michael R. Blaskowsky of Columbia River Law Group argued for appellees/cross-appellants Michael and Joanne Endresen; and David Elkanich of Holland & Knight LLP argued for appellee Bank of New York Mellon.

Before: KIRSCHER, FARIS and JURY, Bankruptcy Judges.

OPINION

Stephen P. Arnot, chapter 71 trustee, appeals a judgment determining that appellees Green Tree Servicing, LLC; The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Holders of First Horizon Mortgage Pass-Through

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