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IN RE PHILLIPS

Bankruptcy No. 06-11573. Adversary No. 08-5014.

420 B.R. 530 (2009)

In re Gary Dean PHILLIPS, and Carla Marie Phillips, Debtors. J. Michael Morris, Trustee, Plaintiff, v. PHH Mortgage Services, and Gary D. Phillips and Carla M. Phillips, Defendants.

United States Bankruptcy Court, D. Kansas.

December 21, 2009.

Attorney(s) appearing for the Case

J. Michael Morris, Wichita, KS, Trustee.

Sarah L. Newell, Wichita, KS, for J. Michael Morris.

Linda S. Mock, Overland Park, KS, for PHH Mortgage Services.

James P. Rupper, Powell, Brewer & Reddick L.L.P., Wichita, KS, for Gary Dean Phillips, Carla Marie Phillips.

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

The chapter 7 trustee seeks to avoid the lien of PHH Mortgage Services ("PHH") in a manufactured home occupied by the debtors as their homestead. The trustee contends PHH has neither perfected its security interest in the manufactured home nor "eliminated" the title to the home as provided by KAN. STAT. ANN. § 58-4214 (2005). The parties submit...

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