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In re McGarey

United States District Court, D. Arizona

March 31, 2015

In re ROBERT B. McGAREY and AMES S. McGAREY, Debtors, ROBERT B. McGAREY and AMES S. McGAREY, Appellants,
v.
MIDFIRST BANK, Appellee

Page 278

For Robert B McGarey, Debtor, Ames S McGarey, Debtor, Appellants: John J Hebert, Philip R Rudd, Wesley Denton Ray, LEAD ATTORNEYS, Polsinelli PC - Phoenix, AZ, Phoenix, AZ.

For Green Tree Servicing LLC, Creditor: David Winthrop Cowles, Leonard J McDonald, Jr., Mark S Bosco, LEAD ATTORNEYS, Tiffany & Bosco PA, Camelback Esplanade II, Phoenix, AZ.

For Maricopa County Treasurer, Creditor: Lori Ann Lewis, LEAD ATTORNEY, Maricopa County Attorneys Office - Civil Services Division, Phoenix, AZ.

For Ocwen Loan Servicing LLC, Creditor: Jamin Stell Neil, LEAD ATTORNEY, Wright Finlay & Zak LLP - Phoenix, AZ, Phoenix, AZ.

For U.S. Bank NA, trustee of, Terwin Mortgage Trust 05-00003SL, Asset-Backed Certificates TMTS, Series 05-00003SL, Creditor: Lawrence E Wilk, LEAD ATTORNEY, Jaburg & Wilk PC, Phoenix, AZ; Mark David Estle, LEAD ATTORNEY, Buckley Madole PC, San Diego, CA.

For Capital One NA, Creditor: Christopher Julius Dylla, LEAD ATTORNEY, McCarthy Holthus Levine, Scottsdale, AZ.

For Deutsche Bank National Trust Company, as Indenture Trustee for: trustee of, Registered Holders of IMH Assets Corporation, Collateralized Asset-Backed Bonds, Series 05-00001, trustee of, Ocwen Loan Servicing LLC, Creditor: Josephine E Salmon, LEAD ATTORNEY, Pite Duncan LLP, San Diego, CA.

For MidFirst Bank, Appellee: Craig J Bolton, LEAD ATTORNEY, MidFirst Bank, Phoenix, AZ; Joshua Taylor Greer, Stephen Brower, LEAD ATTORNEYS, Moyes Sellers & Hendricks - Phoenix, AZ, Phoenix, AZ.

GE Capital Retail Bank, Agent for GE Capital Retail Bank (Dillards) other, Dillard, BK Notice Party, Pro se, Miami, FL.

For United States Trustee, Trustee: Christopher J Pattock, LEAD ATTORNEY, U.S. Trustees Office, Phoenix, AZ; Patty Chan, LEAD ATTORNEY, U.S. DOJ, U.S. Trustee, Phoenix, AZ.

Page 279

ORDER

H. Russel Holland, United States District Judge.

Appellants appeal the bankruptcy court's order denying their motion to disallow MidFirst Bank's ยง 1111(b) election. Oral ...


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