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IN RE PRESCOTT

Bankruptcy No. 06-11080-MWV. Adversary No. 07-1125-MWV.

402 B.R. 494 (2009)

In re Gregory H. PRESCOTT and Elisabeth A. Prescott, Debtors. Steven M. Notinger, Chapter 7 Trustee, Gregory H. Prescott and Elisabeth A. Prescott, Plaintiffs. v. Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2005-5, Defendant.

United States Bankruptcy Court, D. New Hampshire.

March 12, 2009.

Attorney(s) appearing for the Case

Deborah A. Notinger, Esq., Donchess, Notinger & Tamposi, PC, for Trustee.

Brian F. McCaffrey, Esq., McCaffrey, P.A., for Gregory H. Prescott and Elisabeth A. Prescott.

Peter V. Doyle, Esq., Shaines & McEachern, P.A., for Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2005-5.

MEMORANDUM OPINION

MARK W. VAUGHN, Chief Judge.

This matter comes before the Court on a motion for summary judgment filed by Wells Fargo Bank, N.A. (the "Defendant"), and a cross-motion for partial summary judgment filed by Gregory H. Prescott, Elisabeth A. Prescott, and the chapter 7 trustee (the "Plaintiffs"). The Defendant's motion for summary judgment is against all counts of the complaint. The Plaintiffs' cross-motion for summary judgment pertains...

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