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United States Bankruptcy Court, E.D. Kentucky

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IN RE DORSEY, 491 B.R. 464 (2013)
United States Bankruptcy Court, E.D. Kentucky Filed:KY May 06, 2013 Citations: 491 B.R. 464, 11-30829, 12-3010.

MEMORANDUM OPINION GREGORY R. SCHAAF, Bankruptcy Judge. Before the Court are cross-motions for summary judgment filed by the Plaintiff J. James Rogan, as Trustee [Doc. 22], and the Defendant Vanderbilt Mortgage & Finance, Inc. ("Vanderbilt") [Doc. 23]. The Trustee claims Vanderbilt's mortgage on Debtors' interest in real property may be avoided pursuant to 11 U.S.C. 544 because Vanderbilt was not entitled to enforce the note on the petition date. Vanderbilt argues it has a properly...

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