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IN RE LOVELACE

Bankruptcy No. 09-53492-C. Adversary No. 10-5009-C.

443 B.R. 494 (2011)

In re Timothy D. LOVELACE & Starla K. Lovelace, Debtors. Timothy D. Lovelace & Starla K. Lovelace, Plaintiffs v. USAA Federal Savings Bank, Defendant.

United States Bankruptcy Court, W.D. Texas, San Antonio Division.

January 28, 2011.

Attorney(s) appearing for the Case

H. Anthony Hervol , Law Office of H. Anthony Hervol, San Antonio, TX, for Plaintiffs.

Stephen C. Caspers , Offices of Stephen C. Caspers, San Antonio, TX, for Defendant.

MEMORANDUM DECISION GRANTING MOTION FOR SUMMARY JUDGMENT

LEIF M. CLARK, Bankruptcy Judge.

Plaintiffs have sued under the Declaratory Judgment Action for a determination that the lien of USAA Federal Savings Bank on their home is invalid, based on provisions of the Texas Constitution relating to home equity loans. Plaintiff has filed a motion for summary judgment, contending that there is no disputed issue of material fact in the case, and that the matter...

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