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IN RE TRIERWEILER

BAP No. WY-11-111. Bankruptcy No. 10-20499. Adversary No. 10-02035.

484 B.R. 783 (2012)

In re Matthew James TRIERWEILER and Shannon Renee Trierweiler, Debtors. Randy L. Royal, Trustee, Plaintiff-Appellant, v. First Interstate Bank, a Corporation, and Mortgage Electronic Registration Systems, Inc., Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

December 28, 2012.

Attorney(s) appearing for the Case

Stephen Winship ( Brad T. Hunsicker with him on the reply brief), of Winship & Winship, P.C., Casper, WY, for Plaintiff-Appellant.

Timothy M. Stubson of Crowley Fleck, PLLP, Casper, WY ( Robert J. Pratte of Fulbright & Jaworski LLP with him on the brief), for Defendant-Appellee First Interstate Bank, a Corporation.

Brent R. Lindahl of Fulbright & Jaworski LLP, Minneapolis, MN ( Robert J. Pratte and Bill Greendkye of Fulbright & Jaworski LLP, and Timothy M. Stubson of Crowley Fleck, PLLP, with him on the brief), for Defendant-Appellee Mortgage Electronic Registration Systems, Inc.

Before THURMAN, Chief Judge, BROWN, and SOMERS, Bankruptcy Judges.

SOMERS, Bankruptcy Judge.

Randy L. Royal (the "Trustee") appeals the bankruptcy court's judgment in favor of First Interstate Bank ("FIB") and Mortgage Electronic Registration Systems ("MERS") (collectively "Appellees") on his adversary complaint seeking to avoid the mortgage on the debtors' home. The Trustee attacked the mortgage based on a split-note theory due to MERS's involvement in the transaction. The bankruptcy court rejected the Trustee's position that defining...

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