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IN RE HASTINGS

Bankruptcy No. 05-24546, Adversary No. 06-2059.

353 B.R. 513 (2006)

In re Stephen Michael HASTINGS, Lisa Karen Hastings, Debtors. Michael L. Baker, Trustee, Plaintiff, v. The CIT Group/Consumer Finance Inc.; United States of America, Internal Revenue Service; Mike Hastings and Sylvia Hastings, Defendants.

United States Bankruptcy Court, E.D. Kentucky, Covington Division.

October 30, 2006.

Attorney(s) appearing for the Case

Debra S. Pleatman, Covington, KY, for Trustee/Plaintiff.

Adam R. Kegley, Lexington, KY, for defendant The CIT Group/Consumer Finance, Inc.

Charles H. Keen, Washington, DC, for defendant Internal Revenue Service.

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter is before the court on cross-Motions for Summary Judgment by Defendant The CIT Group/Consumer Finance, Inc. ("CIT") and the Plaintiff Trustee. This is another in a line of cases in which the Trustee challenges the validity of a mortgage based on an allegedly defective acknowledgment. The issues before the court are whether the mortgage was properly acknowledged, and, even if it was...

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