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IN RE MOTTA

BAP No. MS 10-006. Bankruptcy No. 08-31361-HJB. Adversary No. 08-03041-HJB.

434 B.R. 193 (2010)

Daniel MOTTA d/b/a Aquarius Pools & Spa, and Annelee Motta, Debtors. David W. Ostrander, Chapter 7 Trustee, Plaintiff-Appellant, v. Antonio J. Andre and Phyllis J. Andre, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

August 10, 2010.

Attorney(s) appearing for the Case

Elizabeth D. Katz, Esq., Northampton, on brief for Plaintiff-Appellant.

Warren R. Thompson, Esq., Palmer, on brief for Defendants-Appellees.

Before HAINES, LAMOUTTE, and TESTER, United States Bankruptcy Appellate Panel Judges.

PER CURIAM.

David W. Ostrander, Chapter 7 Trustee (the "Trustee"), appeals from a bankruptcy court order (the "Order") denying his motion for summary judgment on his complaint seeking to avoid a lien on the residence of Daniel and Annelee Motta (the "Debtors") held by Antonio and Phyllis Andre (the "Andres"), and granting summary judgment, sua sponte, in favor of the Andres. The bankruptcy court's decision turned on its conclusion that a prior mortgage remained...

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