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IN RE AMERICAN HOME MORTG. HOLDING

Bankruptcy No. 07-11047 (CSS). Adversary No. 09-52193 (CSS).

477 B.R. 517 (2012)

In re AMERICAN HOME MORTGAGE HOLDING, et al., Debtors. Triad Guaranty Insurance, Plaintiff, v. American Home Mortgage Investment Corp., American Corp., AHM SV, INC. (f/k/a American Home Servicing, Inc.); Countrywide Bank, FSB, f/k/a Countrywide Bank, N.A. n/k/a Bank of America, N.A.; Countrywide Home Loans, Inc.; Countrywide Home Loans Servicing LP n/k/a BAC Home Loans Servicing LP; Federal Home Loan Mortgage Corporation; and Certain Securitization Trusts Identified in Exhibits D and E for Themselves and as a Representative of a Class Consisting of all others similarly situated as Owners of Mortgage Loan Insurance Issued by Triad Guaranty Corp. to American Home Mortgage, Defendants.

United States Bankruptcy Court, D. Delaware.

August 27, 2012.

Attorney(s) appearing for the Case

Young Conaway Stargatt & Taylor, LLC, Sean M. Beach, Sharon Zieg, Erin Edwards, Wilmington, DE, Hahn & Hessen LLP, John P. McCahey, Mark S. Indelicato, Christina J. Kang, Joseph Orbach, New York, NY, Co-Counsel to the Plan Trustee and Counsel to the Debtors.

DLA Piper LLP, Stuart M. Brown, Denise S. Kraft, R. Craig Martin, Wilmington, DE, for Countrywide Bank, FSB and Countrywide Home Loans.

Womble Carlyle Sandridge & Rice, Kevin J. Mangan, Wilmington, DE, Richard T. Rice, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, Garth Gersten, Womble, Carlyle, Sandridge & Rice, Research Triangle Park, NC, for Triad Guaranty Insurance Corp., for Plaintiff Triad Guaranty Insurance Corp.

Cozen & Connor, Mark E. Felger, Barry M. Klayman, Wilmington, DE, for Plaintiff Triad Guaranty Insurance Corp.

Saul Ewing LLP, Mark Minuti, Wilmington, DE, Nicholas J. Nastasi, Philadelphia, PA, for the Trusts.

OPINION1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

INTRODUCTION

Before the Court are several motions to dismiss an amended complaint filed by Triad Guaranty Insurance Co. ("Triad"), the non-debtor plaintiff. Through the Amended Complaint, and based upon non-bankruptcy law, Triad seeks to rescind insurance obligations against a defensive class that consists of all current "owners" of Triad-insured...

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