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IN RE COLBERT

Bankruptcy No. 09-59313. Adversary No. 09-2442.

434 B.R. 844 (2010)

In re Stephen W. COLBERT and Dorothy S. Colbert, Debtors. Susan L. Rhiel, Chapter 7 Trustee, Plaintiff, v. Chase Home Finance, LLC, Defendant.

United States Bankruptcy Court, S.D. Ohio, Eastern Division, at Columbus.

July 29, 2010.

Attorney(s) appearing for the Case

Susan L. Rhiel, Treisa Martin, Columbus, OH, for Plaintiff.

Amelia A. Bower, Columbus, OH, Stephen Franks, Reimer, Lorber & Arnovitz, Twinsburg, OH, for Defendant.

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

In this adversary proceeding, the Chapter 7 trustee of the estate of each debtor ("Trustee") seeks a declaratory judgment that a mortgage ("Mortgage") held by Chase Home Finance, LLC ("Chase") on real property located at 1025 Doherty Road, Galloway, Ohio 43119 ("Property") extends...

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