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IN RE CRUM

Bankruptcy No. 09-64460. Adversary No. 11-2146.

479 B.R. 734 (2012)

In re Antonieo D. CRUM and Gleudes C. Crum, Debtors. Frank M. Pees, Chapter 13 Trustee, Plaintiff v. CitiMortgage, Inc., Defendant.

United States Bankruptcy Court, S.D. Ohio, Eastern Division at Columbus.

September 24, 2012.

Attorney(s) appearing for the Case

John F. Cannizzaro , Marysville, OH, for Frank M. Pees.

Adam M. Schwartz , Havens Limited, Columbus, OH, for CitiMortgage, Inc.

Frank M. Pees , Chapter 13 Trustee.

Jeffrey P. Norman , Houston, TX, Chapter 13 Trustee.

MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN, Bankruptcy Judge.

According to the parties, this adversary proceeding presents the following question: does surrender of property by way of a confirmed Chapter 13 plan remove that property from the bankruptcy estate? The defendant, CitiMortgage, Inc. ("CitiMortgage"), says yes in its motion for summary judgment ("CitiMortgage Motion") (Adv. Doc. 11)

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