Herzog v. Countrywide Home Loans (In Re Hunter)

MEMORANDUM OPINION

JACQUELINE P. COX, Bankruptcy Judge.

This matter comes before the Court on the motion of the defendants, Countrywide Home Loan, Inc. (“Countrywide”) and Bank of New York (“BNY”) (together, the “Defendants”), seeking to dismiss the chapter 7 trustee’s (“Trustee”) claims for rescission in the amended adversary complaint. The Defendants’ motion seeks a finding that the Trustee failed to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6), made applicable by Fed. R. Bankr.P. 7012, because the Trustee’s rescission claims are time-barred under 15 U.S.C.…