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IN RE BARGER

Bankruptcy No. 09-12251. Adversary Nos. 10-1178, 10-1179, 10-1180.

490 B.R. 744 (2012)

In re Larry and Mary BARGER, Debtors. Richard D. Nelson, Chapter 7 Trustee, Plaintiff v. Countrywide Home Loans, Inc., Defendant. Richard D. Nelson, Chapter 7 Trustee, Plaintiff v. Countrywide Home Loans, Inc., Defendant. Richard D. Nelson, Chapter 7 Trustee, Plaintiff v. BAC Home Loans Servicing, LP, Defendant.

United States Bankruptcy Court, S.D. Ohio, Western Division.

July 3, 2012.

Attorney(s) appearing for the Case

Gary Allen Billig , Fairfield, OH, for Debtors.

Donald W. Mallory , Richard D. Nelson , Cayce A. Stoneburner , Cincinnati, OH, for Trustee.

DECISION DENYING MOTIONS FOR SUMMARY JUDGMENT

BETH A. BUCHANAN, Bankruptcy Judge.

The chapter 7 trustee seeks a declaratory judgment finding that the defendants' mortgages do not encumber the debtor-wife's dower interests in three properties owned by the debtor-husband. The chapter 7 trustee maintains that he is entitled to judgment as a matter of law because the debtor-wife is neither obligated on the underlying notes nor is she a "Borrower" (as that term...

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