IN RE REBELLO

Bankruptcy No. 02-10288 cab. Adversary No. 02-01015.

392 B.R. 96 (2002)

In re Michael J. REBELLO and Rose M. Rebello, Debtors. Jan M. Sensenich, as Chapter 13 Trustee of the Estate of Michael J. Rebello and Rose M. Rebello; Michael J. and Rose M. Rebello, Plaintiffs, v. Peoples Trust Company of St. Albans, Defendant.

United States Bankruptcy Court, D. Vermont.

August 9, 2002.


Attorney(s) appearing for the Case

Matthew M. Glitman, Ward Kelley & Babb, South Burlington, VT, Gregory A. Weimer, Hoff, Curtiss, Burlington, VT, for Defendant.

Todd Taylor, Burlington, VT, for Plaintiffs.


Order Granting Cross-Motion for Summary Judgment

COLLEEN A. BROWN, Bankruptcy Judge.

Peoples Trust Company of St. Albans ["Peoples Trust"] has filed a Motion for Summary Judgment (doc# 12), pursuant to Fed. R. Bankr.P. Rule 7001(2), seeking a determination of the validity of a mortgage which the debtors executed in favor of Peoples Trust. The chapter 13 trustee and the debtors have cross-moved for summary judgment (doc# 15), claiming that...

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