District Court, S.D. Ohio December 4, 2003, Bankruptcy No. 01-57344. Adversary No. 01-2311 (McClatchey v. Altegra Credit Co. (In Re Carte))

ORDER GRANTING MOTION OF THE PLAINTIFF FOR PARTIAL SUMMARY JUDGMENT AND DENYING MOTION FOR SUMMARY JUDGMENT OF THE DEFENDANT

CHARLES M. CALDWELL, Bankruptcy Judge.

On June 22, 2001, the above-captioned Debtors filed bankruptcy under chapter 7 of the United States Bankruptcy Code (“Code”). A Second Amended Complaint to Avoid Mortgage was filed by the chapter 7 Trustee, Larry J.