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IN RE TRAHAN

Bankruptcy No. 09-51793. Adversary No. 09-2453.

444 B.R. 865 (2011)

In re Albert David TRAHAN and Barbara Jean Trahan, Debtors. Myron N. Terlecky, Chapter 7 Trustee, Plaintiff, v. Crevecor Mortgage, Inc., et al., Defendants.

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

March 24, 2011.

Attorney(s) appearing for the Case

James A. Coutinho , for Plaintiff, Myron N. Terlecky.

Amelia A. Bower , Columbus, OH, for Defendant, Crevecor Mortgage Inc.

Stephen D. Miles and Vincent A. Lewis , Dayton, OH, for Defendant, HSBC Mortgage Services, Inc.

MEMORANDUM OPINION AND ORDER (A) DENYING MOTION OF CREVECOR MORTGAGE, INC. TO CERTIFY QUESTION AND (B) GRANTING IN PART AND DENYING IN PART TRUSTEE'S MOTION FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

In this adversary proceeding, a Chapter 7 trustee once again seeks to avoid a mortgage under 11 U.S.C. § 544(a)(3) based on a certificate of acknowledgment that omits the identity of the persons who purportedly...

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