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IN RE LINNE

Bankruptcy No. 08-30106. Adversary No. 08-7022.

414 B.R. 536 (2008)

In re David G. LINNE, Debtor. Kip M. Kaler, as bankruptcy trustee for David G. Linne, Plaintiff, v. George Linne, Doris Linne, David G. Linne, Defendants.

United States Bankruptcy Court, D. North Dakota.

December 30, 2008.

Attorney(s) appearing for the Case

Kip M. Kaler, Fargo, ND, pro se.

Jean P. Hannig, Hannig & Associates, P.A., Fargo, ND, for Plaintiff.

David L. Johnson, McNair, Larson & Carlson, Ltd., Fargo, ND, for Defendants.

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

This matter is before the Court pursuant to the parties' stipulation to submit this case without trial for decision based upon the Stipulations of Facts and Controlling Law and the parties' respective briefs. The bankruptcy trustee filed a Complaint on July 3, 2008, alleging two counts. In Count I, the trustee alleges he has the power to avoid an unperfected mortgage of Defendants George and Doris Linne...

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