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IN RE WAHL

Bankruptcy No. 08-31940. Adversary No. 08-3211.

407 B.R. 883 (2009)

In re David W. WAHL, Jr., Marlaina A. Leppert-Wahl, Debtors. John Paul Rieser, Chapter 7 Trustee, Plaintiff v. Fifth Third Mortgage Company, Defendant.

United States Bankruptcy Court, S.D. Ohio, Western Division, at Dayton.

June 30, 2009.

Attorney(s) appearing for the Case

John Paul Rieser, Dayton, OH, pro se.

Maria C. Mariano Guthrie, Sikora Law LLC, Columbus, OH, for Defendant.

Decision Granting the Chapter 7 Trustee's Motion for Summary Judgment

GUY R. HUMPHREY, Bankruptcy Judge.

I. Introduction

This decision concerns whether the debtor husband's granting of a mortgage to a lender on his undivided one-half interest in real property may be avoided by a Chapter 7 bankruptcy trustee: a) under the trustee's strong-arm powers provided by 11 U.S.C. § 544(a) when that mortgagor is not referenced in the acknowledgment clause...

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