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IN RE FINANCIAL RESOURCES MORTG., INC.

Bankruptcy Nos. 09-14565-JMD, 09-14566-JMD. Adversary No. 10-1075-JMD.

468 B.R. 487 (2012)

In re FINANCIAL RESOURCES MORTGAGE, INC. and C L and M, Inc., and other jointly administered cases, Debtors. Steven M. Notinger, Chapter 7 Trustee for Financial Resources Mortgage, Inc. and C L and M, Inc., Plaintiff v. Philip Migliaccio and Melanie Migliaccio, Defendants.

United States Bankruptcy Court, D. New Hampshire.

February 29, 2012.

Attorney(s) appearing for the Case

James W. Donchess, Esq. , Donchess & Notinger, PC, Nashua, NH, for Plaintiff.

Bertrand A. Zalinsky, Esq. , Cronin & Bisson, P.C., Manchester, NH, for Defendants.

MEMORANDUM OPINION

J. MICHAEL DEASY, Bankruptcy Judge.

I. INTRODUCTION

Philip and Melanie Migliaccio (the "Migliaccios" or the "Defendants") have filed a motion (Doc. No. 100) (the "Motion") seeking summary judgment in their favor on Counts II, III, and IV of the second amended complaint (Doc. No. 48) (the "Complaint") filed by Steven M. Notinger, the chapter 7 trustee (the "Trustee") for the bankruptcy estates of Financial Resources Mortgage...

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