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IN RE BANKS

BAP No. 11-6025.

457 B.R. 9 (2011)

In re Edward D. BANKS and Diane Marie Banks, Debtors. Edward D. Banks and Diane Marie Banks, Plaintiffs-Appellants, v. Kondaur Capital Corporation, Defendant-Appellee, Shapiro & Zielke, LLP, formerly known as Shapiro Nordmeyer & Zielke, Defendant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: October 11, 2011.

Attorney(s) appearing for the Case

Daniel Eaton , Minneapolis, MN, for appellant.

Patrick Joseph Lindmark , Minneapolis, MN, Ernest Francis Peake , Minneapolis, MN, on brief, for appellee.

Before VENTERS, FEDERMAN, and SALADINO, Bankruptcy Judges.

VENTERS, Bankruptcy Judge.

The Debtors, Edward and Diane Banks, appeal the bankruptcy court's entry of summary judgment in favor of Defendant Kondaur Mortgage Corp. in the Debtors' adversary action seeking, inter alia, to avoid Kondaur's mortgage lien on the Debtors' residence. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(b). For the reasons stated below, we reverse and remand the matter to bankruptcy court for further proceedings...

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