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IN RE KELLEY

BAP No. MS 13-012. Bankruptcy No. 12-30538-HJB. Adversary No. 12-03013-HJB.

498 B.R. 392 (2013)

Shawn G. KELLEY and Annemarie Kelley, Debtors. Steven Weiss, Chapter 7 Trustee, Plaintiff-Appellant, v. Wells Fargo Bank, N.A., Defendant-Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

October 1, 2013.

Attorney(s) appearing for the Case

Steven Weiss, Esq. , and L. Alexandra Hogan, Esq. , Springfield, MA, on brief for Plaintiff-Appellant.

Peter J. Haley, Esq. , and David E. Fialkow, Esq. , Boston, MA, on brief for Defendant-Appellee.

Before HAINES, DEASY, and GODOY, United States Bankruptcy Appellate Panel Judges.

GODOY, Bankruptcy Judge.

Steven Weiss, the chapter 7 trustee (the "Trustee"), appeals from: (1) a bankruptcy court order denying his motion for summary judgment against Wells Fargo Bank, N.A. ("Wells Fargo") on his complaint seeking to avoid a certain mortgage granted by the debtors to Wells Fargo, because of an allegedly defective acknowledgment; and (2) granting Wells Fargo's cross-motion for summary judgment. For the reasons set forth below, we REVERSE

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