UNITED
STATES BANKRUPTCY COURT LEXINGTON DIVISION |
|
IN RE: | |
NELSON DEAN JEFFERSON
ALFREDA
GAI |
CASE NO. 05-50450 |
DEBTORS | |
J. JAMES ROGAN, TRUSTEE | PLAINTIFF |
VS. | ADVERSARY NO. 05-5104 |
J & J
MORTGAGE COMPANY and FIFTH THIRD BANK |
DEFENDANTS |
ORDER AND JUDGMENT
Pursuant to the Memorandum Opinion entered
this date, the court being otherwise sufficiently advised, HEREBY ORDERS AND
ADJUDGES as follows:
1.
The motion for summary judgment of the Plaintiff J. James Rogan, Trustee
(Dock. #19) is OVERRULED.
2.
The motion for summary judgment of the Defendants J & J Mortgage
Company and Fifth Third Bank (Dock. #17)
is SUSTAINED and the Trustee shall not be entitled to avoid the
prior equitable interest of the Defendants in the Debtors’ real property
located at 4595 Levee Road, Mt. Sterling, Kentucky.
3.
Each party shall bear their own costs, expenses and attorneys fees.
This is a final and appealable Order and
Judgment and there is no just cause for delay.
Copies to:
John M. Simms, Esq.
John P. Brice, Esq.