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IN RE PERROW

Bankruptcy No. 09-61234. Adversary No. 11-06082.

498 B.R. 560 (2013)

In re Michael Douglas PERROW and Brandy Bowling Perrow, Debtors. Herbert L. Beskin, Chapter 13 Trustee, and Michael Douglas Perrow and Brandy Bowling Perrow, Debtors, Plaintiffs, v. The Bank of New York Mellon c/o BAC Home Loan Servicing LP fka Countrywide Home Loans, Inc., and CTC Real Estate Services, Inc., Defendants.

United States Bankruptcy Court, W.D. Virginia.

September 5, 2013.

Attorney(s) appearing for the Case

Angela Scolforo , Charlottesville, VA, David E. Wright , H. David Cox , Cox Law Group, PLLC, Lynchburg, VA, for Plaintiffs.

Jeffrey L. Marks , Kaufman & Canoles, P.C., Virginia Beach, VA, for Defendants.

MEMORANDUM OPINION GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION AND SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT

REBECCA B. CONNELLY, Bankruptcy Judge.

Before the Court are cross motions for summary judgment. The question the Court must answer is whether a Chapter 13 Trustee's strong arm powers under section 544(a)(3) may defeat an unrecorded deed of trust or whether equitable remedies may block the trustee's powers.

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