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IN RE SMITH

Bankruptcy No. 4-09-bk-09563-JJT. Adversary No. 4-11-ap-00335-JJT.

459 B.R. 571 (2011)

In re Steven W. SMITH, Debtor. Steven W. Smith, Plaintiff v. One West Bank, FSB, Defendant.

United States Bankruptcy Court, M.D. Pennsylvania.

October 24, 2011.

Attorney(s) appearing for the Case

Elliott B. Weiss , Elliott B. Weiss and Associates, Williamsport, PA, for Plaintiff.

Bernadette A. Kearney , Hamburg Rubin Mullin Maxwell & Lupin, Lansdale, PA, for Defendant.

OPINION

JOHN J. THOMAS, Bankruptcy Judge.

The Plaintiff/Debtor, Steven W. Smith, has filed a Complaint against One West Bank, FSB, in an attempt to avoid a mortgage against his home, which he jointly owns with his spouse, Yvette Smith. The Debtor points out that the mortgage loan is in the Debtor's name with his mother, Delores Smith, but not his spouse, Yvette.

Heretofore, after claims litigation, I concluded that the Bank held a contingent...

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