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IN RE REID

Bankruptcy No. 09-17166-FJB. Adversary No. 10-1354.

480 B.R. 436 (2012)

In re Norris J. REID and Cheryl Reid, Debtors. Carolyn A. Bankowski, Chapter 13 Trustee, Plaintiff v. Wells Fargo Bank, N.A., Defendant.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

October 10, 2012.

Attorney(s) appearing for the Case

Patricia A. Remer , Boston, MA, for Plaintiff.

Mark B. Johnson , Johnson & Borenstein, LLC, Andover, MA, for Defendant.

MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

FRANK J. BAILEY, Bankruptcy Judge.

By Count I of her complaint in this adversary proceeding, the chapter 13 trustee, Carolyn Bankowski (the "Trustee"), exercising her "strong arm power" under 11 U.S.C. § 544(a)(3), seeks to avoid the mortgage held by defendant Wells Fargo Bank, N.A. ("Wells Fargo") on the debtors' residence. On the same basis, she also objects in Count II to Wells...

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