Schwartz v. Deutsche Bank National Trust HomEq Servicing Corp. (In Re Schwartz)

ORDER DENYING MOTION TO DISMISS

MELVIN S. HOFFMAN, Bankruptcy Judge.

Before me is the motion of the defendants to dismiss six of the seven counts of the adversary proceeding on the grounds that the plaintiff, who is a Chapter 7 debt- or, lacks standing to prosecute the six counts at issue because these claims underlying them are property of the debtor’s estate and may be prosecuted only by the Chapter 7 trustee. 1 The adversary proceeding, which was commenced on July 7, 2007, is scheduled to be tried on March 16, 2011. While the deadline for filing disposi-tive motions has come and gone, the…