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In re Fisher

Name
IN RE: Arthur L. FISHER, Sr. and Pamela L. Fisher, Debtors.
Attorney(s)
Philip D. Zuzolo, Zuzolo Law Offices, LLC, Niles, OH, for Debtor., Kay Woods, United States Bankruptcy Judge The Court is asked to determine whether Proof of Claim No. 14-1 ("Claim 14") filed by The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass Through Certificates Series 2002-KS6 ("BONY") should be disallowed because the underlying claim is barred by the six-year statute of limitations in Ohio Revised Code ("O.R.C.") § 1303.16(A). On March 8, 2018, Debtors Arthur L. Fisher, Sr. and Pamela L. Fisher filed Debtors' Motion for Summary Judgment on Objection to Proof of Claim No. 14-1 ("Motion for Summary Judgment") (Doc. 62). On March 22, 2018, BONY filed Opposition of Bank of New York Company as Trustee to Debtor's [sic] Motion for Summary Judgment on Objection to Proof of Claim No. 14-1 ("Response") (Doc. 67). On March 29, 2018, the Debtors filed Reply in Support of Debtors' Motion for Summary Judgment on Objection to Proof of Claim No. 14-1 ("Reply") (Doc. 72). The Debtors and BONY filed Joint Stipulations of the Parties ("Joint Stipulations") (Doc. 63) on March 8, 2018, which consists of 25 numbered paragraphs., For the reasons set forth herein, the Court will grant the Motion for Summary Judgment, in part, and deny the Motion for Summary Judgment, in part.

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