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IN RE KITTS

Bankruptcy No. 05-27158. Adversary No. 06-2250.

447 B.R. 330 (2011)

In re Brian A. KITTS, Debtor. J. Kevin Bird, Chapter 7 Trustee, Plaintiff, v. Winterfox, LLC, Defendant.

United States Bankruptcy Court, D. Utah, Central Division.

February 8, 2011.

Attorney(s) appearing for the Case

Adam S. Affleck , Aaron Millar , Prince, Yeates & Geldzahler, Salt Lake City, UT, for Plaintiff.

David J. Jordan , Mark E. Hindley , Stoel Rives LLP, Salt Lake City, UT, for Defendant.

POST-REMAND FINDINGS OF FACT AND CONCLUSIONS OF LAW

JOEL T. MARKER, Bankruptcy Judge.

In this adversary proceeding, the Trustee seeks recovery under the Truth in Lending Act (TILA) related to two high-interest prepetition bridge loans that Winterfox made to Brian Kitts (Debtor) that are secured by real property in Park City, Utah. After a three-day trial in December 2009, the Court issued its Findings of Fact and Conclusions of Law concluding inter alia...

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