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IN RE PHILLIPS

Bankruptcy No. 11-58419-WLH. Adversary No. 11-5292.

465 B.R. 336 (2012)

In re Dwight Thomas PHILLIPS, Sr. and Marcene Yvonne Phillips, Debtors. Tamara Miles Ogier, as Trustee of the Estate of Dwight Thomas Phillips, Sr. and Marcene Yvonne Phillips, v. Wells Fargo Bank, N.A., Dwight Thomas Phillips, Sr. and Marcene Yvonne Phillips.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

February 28, 2012.

Attorney(s) appearing for the Case

William L. Rothschild , Ogier Rothschild Rosenfeld Ellis-Monro , Atlanta, GA, for Tamara Miles Ogier, as Trustee of the Estate of Dwight Thomas Phillips, Sr. and Marcene Yvonne Phillips.

Elizabeth A. George , Aldridge Connors LLP, Atlanta, GA, Milton D. Jones , Milton D. Jones , Attorney, Morrow, GA, for Wells Fargo Bank, N.A., Dwight Thomas Phillips, Sr. and Marcene Yvonne Phillips.

ORDER GRANTING TRUSTEE'S MOTION FOR SUMMARY JUDGMENT

WENDY L. HAGENAU, Bankruptcy Judge.

This adversary proceeding is before the Court on the Trustee's Motion for Summary Judgment against the Debtors and Wells Fargo Bank, N.A. [Docket No. 7]. The Trustee's Motion seeks summary judgment on the Complaint to avoid the deed to secure debt of Wells Fargo Bank under 11 U.S.C. § 544(a)(3) and 11 U.S.C. § 547. The Court finds this matter is a core...

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