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IN RE GIZA

Bankruptcy Nos. 07-41782-HJB, 09-30886-HJB. Adversary No. 09-03032.

458 B.R. 16 (2011)

In re David GIZA, Debtor. In re Linda Y. Giza, Debtor. David Giza and Linda Y. Giza, Plaintiffs v. Amcap Mortgage, Inc., Deutsche Bank National Trust Company, as Trustee, and OneWest Bank, FSB, Defendants.

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

October 12, 2011.

Attorney(s) appearing for the Case

L. Jed Berliner, Meghan R. Bristol, Berliner Law Firm, Springfield, MA, for Plaintiffs.

Amcap Mortgage, Inc., pro se.

Howard M. Brown, Sarah A. Smegal, Bartlett Hackett Feinberg P.C., Boston, MA, for Defendants.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is a "Motion for Judgment on Partial Findings" (the "Motion for Judgment"), filed by defendant Deutsche Bank National Trust Company, Trustee under the Pooling and Servicing Agreement Series ITF Series NBAS 2006-C ("Deutsche Bank"). By its Motion for Judgment, Deutsche Bank alleges that plaintiffs David and Linda Giza (together, the "Gizas") have failed to offer sufficient credible...

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