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Goldsmith v. LBM Financial, LLC (In re Loucheschi LLC)

United States Bankruptcy Court, D. Massachusetts

Decided July 19, 2013No. Bankruptcy No. 11-42578-MSH; Adversary No. 11-4122PublishedCited by 2 opinions

1Opinion of the Court

*44MEMORANDUM AND ORDER ON THE PLAINTIFF TRUSTEE’S MOTION TO AMEND THE COMPLAINT

MELVIN S. HOFFMAN, Bankruptcy Judge.

Jonathan Goldsmith, the chapter 7 trustee of the estate of Loucheschi LLC and the plaintiff in this adversary proceeding, has moved to amend the complaint to add a count seeking to void a mortgage held by the defendant LBM Financial, LLC pursuant to Mass. Gen. Laws ch. 260, § 33, commonly referred to as the obsolete mortgage statute.1 The defendants, LBM and Marcello Mallegni, oppose the motion claiming that the amendment would be futile because the mortgage has not lapsed.

Facts

The…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Valerie Watterson v. Eileen PageCourt of Appeals for the First Circuit · 1993
  4. Glassman v. Computervision Corp.Court of Appeals for the First Circuit · 1996
  5. James Chongris and George Chongris v. Board of Appeals of the Town of AndoverCourt of Appeals for the First Circuit · 1987

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3Cited by2 opinions

  1. Corotoman Inc.United States Bankruptcy Court, S.D. West Virginia · 2021
  2. Sunningdale Ventures, Inc. v. MartinDistrict Court, D. Massachusetts · 2018

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