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IN RE SHELTON

BAP No. 12-6040.

477 B.R. 749 (2012)

In re Gary A. SHELTON; Elizabeth Dawn Shelton, also known as Dawn Shelton, Debtors. Gary A. Shelton; Elizabeth Dawn Shelton, Plaintiff — Appellants v. CitiMortgage, Inc., Defendant — Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: September 24, 2012.

Attorney(s) appearing for the Case

John Alexander Flynn , Cabot, AR, for Appellant.

Charles Thomas Ward , Little Rock, AR, for Appellee.

KRESSEL, Chief Judge, FEDERMAN and VENTERS, Bankruptcy Judges.

VENTERS, Bankruptcy Judge.

The Debtors appeal the bankruptcy court's order granting Defendant CitiMortgage, Inc.'s motion to dismiss the Debtors' adversary proceeding seeking the avoidance of CitiMortgage's lien on the Debtors' residence. For the following reasons, we affirm the decision of the bankruptcy court.1

BACKGROUND

The facts are straightforward and uncontested. The Debtors filed a Chapter 13

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