Boyajian v. Kirshenbaum Investment Co. (In re Capobianco)

DECISION ON THE TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT

ARTHUR N. YOTOLATO, Jr., Bankruptcy Judge.

Heard on the trustee’s motion for summary judgment pursuant to Fed.R.Civ.P. 56 on Count IV of his complaint. The complaint seeks, inter alia: (1) a declaration that the promissory note and the mortgage deed securing it entered into by the debtors and Kirshenbaum Investment Company, Inc. is void under the Rhode Island Secondary Mortgage Loans Act, R.I.GEN.LAWS § 19-25.2-1 et seq.; (2) an order for return of all payments made by the debtors on the note. The trustee’s motion is unopposed.1

The…