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IN RE BARGER

Bankruptcy No. 09-12251. Adversary Nos. 10-1178, 10-1179, 10-1180.

490 B.R. 744 (2012)

In re Larry and Mary BARGER, Debtors. Richard D. Nelson, Chapter 7 Trustee, Plaintiff v. Countrywide Home Loans, Inc., Defendant. Richard D. Nelson, Chapter 7 Trustee, Plaintiff v. Countrywide Home Loans, Inc., Defendant. Richard D. Nelson, Chapter 7 Trustee, Plaintiff v. BAC Home Loans Servicing, LP, Defendant.

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

July 3, 2012.

Attorney(s) appearing for the Case

Gary Allen Billig, Fairfield, OH, for Debtors.

Donald W. Mallory, Richard D. Nelson, Cayce A. Stoneburner, Cincinnati, OH, for Trustee.

DECISION DENYING MOTIONS FOR SUMMARY JUDGMENT

BETH A. BUCHANAN, Bankruptcy Judge.

The chapter 7 trustee seeks a declaratory judgment finding that the defendants' mortgages do not encumber the debtor-wife's dower interests in three properties owned by the debtor-husband. The chapter 7 trustee maintains that he is entitled to judgment as a matter of law because the debtor-wife is neither obligated on the underlying notes nor is she a "Borrower" (as that term...

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