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BANK OF AMERICA, N.A. v. CASEY

Civil Action No. 13-11975-GAO.

517 B.R. 1 (2014)

BANK OF AMERICA, N.A., Appellant, v. Debora A. CASEY, Trustee, Appellee.

United States District Court, D. Massachusetts.

Signed September 26, 2014.

Attorney(s) appearing for the Case

Amy N. Azza , Orlans Moran PLCC, Waltham, MA, Mark B. Johnson , Michael A. Klass, Johnson & Borenstein, LLC, Andover, MA, for Appellant.

Alex Michael Rodolakis , Fletcher Tilton, PC, Hyannis, MA, John G. Hofmann , Gilman, McLaughlin & Hanrahan, LLP, Boston, MA, Patrick C. Tinsley , Fletcher Tilton PC, Worcester, MA, for Appellee.

OPINION AND ORDER

O'TOOLE, District Judge.

This is an appeal from a ruling of a United States Bankruptcy Judge for the District of Massachusetts. In an adversary proceeding, the bankruptcy court granted summary judgment in favor of the trustee of the bankrupt estate, allowing the trustee to avoid Bank of America's mortgage. The issue presented is whether an attorney's affidavit, later recorded with the registry of deeds, can cure a material defect...

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