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IN RE MITCHELL

Bankruptcy No. 10-44193-MSH. Adversary No. 10-04118.

476 B.R. 33 (2012)

In re Daniel J. MITCHELL and Sandra L. Mitchell, Debtors. Daniel J. Mitchell and Sandra L. Mitchell, Plaintiffs v. Wells Fargo Bank, N.A., Defendant.

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

July 20, 2012.

Attorney(s) appearing for the Case

Walter Oney, Fitchburg, MA, for the Plaintiffs, Daniel and Sandra Mitchell.

Peter J. Haley, Nelson Mullins, Boston, MA, for the Defendant, Wells Fargo Bank, N.A.

MEMORANDUM AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

MELVIN S. HOFFMAN, Bankruptcy Judge.

Wells Fargo Bank, N.A., the defendant in this adversary proceeding, seeks summary judgment on each of the four counts in the complaint filed by the plaintiff-debtors, Daniel and Sandra Mitchell.

I. Jurisdiction

Preliminarily, it is necessary to consider the scope of bankruptcy court jurisdiction in this proceeding in which the Mitchells...

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