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IN RE STERLING PHOENIX DEVELOPMENT VI, LLC

Bankruptcy No. 08-14686. Adversary No. 08-1147.

473 B.R. 890 (2009)

In re STERLING PHOENIX DEVELOPMENT VI, LLC, Debtor. Sterling Phoenix Development VI, LLC and HRP Cincinnati, LLC, Plaintiffs v. Bartlett Acquisition, LLC and Robert J. Bobb, Defendants.

United States Bankruptcy Court, S.D. Ohio, Western Division.

May 19, 2009.

Attorney(s) appearing for the Case

Robert A. Klingler , Lead Attorney, Douglas L. Lutz , Cincinnati, OH, for Plaintiffs.

Donald J. Rafferty , Cohen, Todd, Kite & Stanford, LLC, Cincinnati, OH, for Defendants.

MEMORANDUM OF DECISION

JEFFERY P. HOPKINS, Bankruptcy Judge.

The Debtor, Sterling Phoenix Development VI, LLC ("Sterling"), owns a commercial building in Cincinnati known as the Bartlett Building. Among other things, the complaint seeks a determination of the priority of certain liens against the property.

Fifth Third Bank ("Fifth Third") holds a first mortgage, securing a debt of approximately $3,000,000. Who is next in line is the main issue presented...

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