1. Home
  2. Browse Decisions
  3. B.R.
  4. 460 B.R.
  5. 460 B.R. 355 (2011)
 

IN RE RICHARD

Bankruptcy No. 11-40333-MSH. Adversary No. 11-4024.

460 B.R. 355 (2011)

In re Dennis J. RICHARD, Amy Richard, Debtors. David M. Nickless, Trustee, Plaintiff v. Bayview Loan Servicing, LLC, Defendant.

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

October 24, 2011.

Attorney(s) appearing for the Case

James O'Connor, Fitchburg, MA, for David M. Nickless, Chapter 7 trustee.

Richard Demerle, Boston, MA, for Bayview Loan Servicing, LLC.

MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS

MELVIN S. HOFFMAN, Bankruptcy Judge.

Before me is the defendant Bayview Loan Serving, LLC's motion to dismiss the trustee's three-count complaint. In the complaint the trustee seeks to avoid or subordinate a first mortgage that has been assigned from the original mortgagee to Bayview.

Facts

The facts are drawn from the complaint and, except for certain inferences which must be drawn...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases