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IN RE MARTINEZ

Bankruptcy No. 09-40886. Adversary No. 10-7027.

455 B.R. 755 (2011)

In re David Michael MARTINEZ and Michelle Christine Martinez, Debtors. David Michael Martinez (deceased), Michelle Christine Martinez, Plaintiffs, v. Mortgage Electronic Registration Systems, Inc. and Countrywide Home Loans, Inc., Defendants.

United States Bankruptcy Court, D. Kansas.

April 20, 2011.

Attorney(s) appearing for the Case

Paul D. Post, Topeka, KS, for Plaintiffs.

Tyson C. Langhofer, Stinson Morrison Hecker LLP, Wichita, KS, William J. Maloney, James P. Maloney, Bryan Cave LLP, Kansas City, MO, for Defendants/Intervenor-Defendant.

MEMORANDUM OPINION AND ORDER MOSTLY DENYING PLAINTIFF'S MOTION TO RECONSIDER OR TO ALTER OR AMEND JUDGMENT BUT ALTERING SOME DISCRETE FINDINGS

JANICE MILLER KARLIN, Bankruptcy Judge.

The Court is faced with a "Morton's fork:"2 grant Plaintiff's Motion for Reconsideration or to Alter or Amend Judgment3 when the facts upon which the motion is almost entirely...

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