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IN RE KRAUSE

Bankruptcy No. 07-35568. Adversary No. 08-3111.

414 B.R. 243 (2009)

In re Kenneth W. KRAUSE, Rachel E. Krause, Debtors. Donald F. Harker, III, Trustee, Plaintiff v. Wells Fargo Bank, NA, et al., Defendants.

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

September 2, 2009.

Attorney(s) appearing for the Case

Donald F. Harker, III, Dayton, OH, Plaintiff Trustee.

Hannah Hutman, Dayton, OH, for Plaintiff.

Hannah Hutman, Alan J. Statman, Elizabeth L. Hutton, Jeffrey P. Harris, W. Kelly Lundrigan, Cincinnati, OH, for Plaintiff.

Jennifer L. Maffett, Scott A. King, Dayton, OH, for Defendant.

W/E Mortgage, Inc., c/o Service Agent, Anthony J. Wickersham, Cincinnati, OH, Defendant.

Decision Granting Motion of Wells Fargo Bank, NA to Dismiss Amended Complaint

GUY R. HUMPHREY, Bankruptcy Judge.

I. Introduction

Through this adversary proceeding, Donald F. Harker, the Chapter 7 trustee appointed in the estate case of the debtors, Kenneth and Rachel Krause, seeks a declaratory judgment that Wells Fargo Bank, NA is not a creditor of the debtors and to avoid a mortgage lien filed for record in the name of W/E...

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