STATES BANKRUPTCY COURT
NELSON DEAN JEFFERSON
|CASE NO. 05-50450|
|J. JAMES ROGAN, TRUSTEE||PLAINTIFF|
|VS.||ADVERSARY NO. 05-5104|
J & J MORTGAGE COMPANY and
FIFTH THIRD BANK
††††††† 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 Debtorsí 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.
John M. Simms, Esq.
John P. Brice, Esq.