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IN RE BETTANO

Bankruptcy No. 10-42872-MSH. Adversary No. 10-04114.

440 B.R. 13 (2010)

In re Vincent P. BETTANO and Barbara A. Bettano Debtors. Vincent P. Bettano and Barbara A. Bettano, Plaintiffs v. Wells Fargo Bank, N.A., As Trustee for Aegis 2-3-03, Defendant.

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

December 14, 2010.

Attorney(s) appearing for the Case

Kenneth D. Quat, Quat Law Offices, Cambridge, MA, for Plaintiffs.

Thomas J. Enright, Warwick, RI, for Defendant.

MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS

MELVIN S. HOFFMAN, Bankruptcy Judge.

The defendant, Wells Fargo Bank, N.A., as Trustee for Aegis 2-3-03, has moved to dismiss this adversary proceeding pursuant to Fed.R.Civ.P. 12(b)(6), made applicable by Fed. R. Bankr.P. 7012, for failure of the plaintiffs to state a claim. For the reasons discussed below I will allow the motion.

Background

On September 16, 2003, the plaintiffs,...

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