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IN RE BOTTCHER

Bankruptcy No. 09-45519-MSH. Adversary No. 10-04119.

441 B.R. 1 (2010)

In re Henry BOTTCHER, Debtor. Henry Bottcher, Plaintiff v. Emigrant Mortgage Company, Inc., Defendant.

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

November 24, 2010.

Attorney(s) appearing for the Case

Laird J. Heal, Laird J. Heal, Esq., Worcester, MA, for Debtor/Plaintiff.

Michael Robinson, John H. McCann, III, Shawn Masterson, Thomas E. Carlotto, Shechtman Halperin Savage LLP, Pawtucket, RI, for Defendant.

MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS

MELVIN S. HOFFMAN, Bankruptcy Judge.

Before me is the motion of the defendant Emigrant Mortgage Company, Inc. to dismiss this adversary proceeding.

Background

The plaintiff, who is the Debtor in the main bankruptcy case, refinanced his home mortgage loan with the defendant lender on December 7, 2007. In his complaint, the plaintiff alleges that this transaction violated the Massachusetts...

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