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IN RE HOUSEY

Bankruptcy No. 03-43473-HJB. Adversary No. 07-04128-HJB.

409 B.R. 611 (2009)

In re Patrice L. HOUSEY, Marie Housey, Debtors David W. Ostrander, Chapter 7 Trustee, Plaintiff, v. Sandra Brown and Deutsche Bank National Trust Company, As Trustee for Morgan Stanley Loan Trust 2006-NC2, Defendants.

United States Bankruptcy Court, D. Massachusetts.

August 6, 2009.

Attorney(s) appearing for the Case

David W. Ostrander, Northampton, MA, pro se.

Meredith A. Swisher, Bernkopf Goodman, LLP, Boston, MA, David M. Rosen, Harmon Law Offices P.C., Newton, MA, for Defendants.

New Century Mortgage Corporation, pro se.

MEMORANDUM OF DECISION

HENRY J. BOROFF, United States Bankruptcy Judge.

Before the Court are cross-motions for summary judgment filed by the plaintiff Chapter 7 trustee (the "Trustee") and the defendants in this adversary proceeding. The Trustee seeks avoidance, pursuant to 11 U.S.C. § 549(a), of a postpetition, unauthorized transfer of estate property. For these purposes, the defendants do not deny that the facts establish a voidable transfer...

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