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IN RE GILCHRIST

No. 11-CV-00092-JBC. Bankruptcy No. 09-52235. Adversary No. 10-5005.

467 B.R. 114 (2012)

In re John I. GILCHRIST & Mary J. Gilchrist, Debtors. John I. Gilchrist & Mary J. Gilchrist, Plaintiff/Appellants, v. United Bank & Trust Company, Versailles, KY, Defendant/Third-Party Plaintiff/Appellee, v. Bank of America, Third-Party Defendant/Appellant.

United States District Court, E.D. Kentucky, Lexington Division.

January 25, 2012.

Attorney(s) appearing for the Case

Elizabeth L. Thompson , Stites & Harbison PLLC, Lexington, KY, Katherine A. Bell , Richard Allen Vance , Stites & Harbison, PLLC, Louisville, KY, Nathan L. Swehla , Lerner, Sampson & Rothfuss, Cincinnati, OH, for Appellant.

W. Thomas Bunch, II , Bunch & Brock Law Offices, Lexington, KY, Ellen Arvin Kennedy , John M. Spires , Dinsmore & Shohl, LLP, Lexington, KY, for Appellees.

MEMORANDUM OPINION AND ORDER

JENNIFER B. COFFMAN, District Judge.

This matter is before the court on the Gilchrists' and Bank of America's appeals of the Bankruptcy Court's judgment granting United Bank's motion to alter and amend the prior judgment and denying the Gilchrists' and Bank of America's motions for summary judgment. For the reasons discussed below, the Bankruptcy Court's holding will be reversed, and this matter will be remanded to that...

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