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IN RE BARBEE

BAP No. 10-8074.

461 B.R. 711 (2011)

In re Gary D. BARBEE, Debtor. U.S. Bank National Association as Trustee for the Truman FHA Trust 2008-1, by and through its Mortgage Servicing Agent BAC Home Loan Servicing, Appellant, v. Gary D. Barbee, Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided: December 12, 2011.

Attorney(s) appearing for the Case

ARGUED: John P. Brice, Wyatt, Tarrant & Combs, LLP, Lexington, Kentucky, for Appellant. Jon Jay Lieberman, Atkinson, Simms & Kermode, PLLC, Lexington, KY, for Appellee. ON BRIEF: John P. Brice, Wyatt, Tarrant & Combs, LLP, Lexington, KY, for Appellant. John M. Simms, Atkinson, Simms & Kermode, PLLC, Lexington, KY, for Appellee.

Before: BOSWELL, HARRIS, and McIVOR, Bankruptcy Appellate Panel Judges.

OPINION

ARTHUR I. HARRIS, Bankruptcy Judge.

The chapter 13 debtor, Gary D. Barbee ("Debtor"), instituted an adversary proceeding against U.S. Bank National Association as trustee for the Truman FHA Trust 2008-1, by and through its mortgage servicing agent BAC Home Loan Servicing ("Bank") seeking to avoid the Bank's interest in his manufactured home pursuant to 11 U.S.C. § 544. The parties filed cross-motions for summary judgment on stipulated facts...

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