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IN RE BLYTHE

Bankruptcy No. 08-15626 Sr. Adversary. No. 08-350.

413 B.R. 205 (2009)

In re Raleigh BLYTHE and Rose Candelario, Debtors. Raleigh Blythe and Rose Candelario, Plaintiffs v. HSBC Bank Usa, N.A., as Trustee on Behalf of Ace Securities Corp., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

May 7, 2009.

Attorney(s) appearing for the Case

Montgomery L. Wilson, Esquire, Community Legal Services, Philadelphia, PA, for Plaintiff.

Michelle Pearson, Esquire, Bethel Park, PA, George Conway, Esquire, Office of the United States Trustee, Philadelphia, PA, for Defendant.

OPINION

STEPHEN RASLAVICH, Chief Judge.

Introduction

Before the Court is the Defendant HSBC's Motion to Dismiss the Plaintiffs' Amended Complaint. The Plaintiffs oppose the motion. Briefs were submitted. A hearing on the matter was held on April 2, 2009. The Court next took the motion under advisement. For the reasons set forth below, the Motion will be granted in part and denied in part.1

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