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IN RE SHAMUS HOLDINGS, LLC

No. 07-14572-JNF. Adversary No. 08-1030.

409 B.R. 598 (2009)

In re SHAMUS HOLDINGS, LLC, Debtor. Shamus Holdings, LLC, Plaintiff v. LBM Financial, LLC, Defendant.

United States Bankruptcy Court, D. Massachusetts.

August 5, 2009.

Attorney(s) appearing for the Case

Charles A. Dale, III, MacKenzie Shea, K & L Gates LLP, David M. Ianelli, Kara Ann Lynch, McCarter & English, LLP, Boston, MA, for Plaintiff.

Alissa L. Poynor, Jeffrey D. Ganz, Riemer & Braunstein LLP, Boston, MA, for Defendant.

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matters before the Court are the Motion of Shamus Holdings, LLC (the "Debtor") for Summary Judgment and the Opposition to the Motion filed by LBM Financial, LLC ("LBM"). The Court heard the matters on June 22, 2009 and took them under advisement. The issue presented is whether LBM's mortgage on the Debtor's property located at Unit C-1 Foundry Condominium, 314 West Second Street,...

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