Legal Opinion
Vincent v. Ameriquest Mortgage Co. (In Re Vincent)
United States Bankruptcy Court, D. Massachusetts
Decided January 18, 2008No. 19-40125PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON DEFENDANT’S MOTION TO DISMISS
JOEL B. ROSENTHAL, Bankruptcy Judge.
This matter came before the Court for a hearing on the Motion of Ameriquest Mortgage Company (the “Defendant” or “Ameriquest”) to Dismiss the Complaint [# 17] and the Plaintiffs opposition thereto [#27]. 1 The Defendant asserts that the six-count amended complaint must be dismissed because it fails to state a claim upon which relief may be granted, the claim under the Truth in Lending Act (“TILA”) is time barred, and fraud has not been pled with specificity. For the reasons set forth herein, the Motion…
2Cases cited16 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Beddall v. State Street Bank & Trust Co.Court of Appeals for the First Circuit · 1998
- Beach v. Ocwen Federal BankSupreme Court of the United States · 1998
- New England Data Services, Inc. v. Barry BecherCourt of Appeals for the First Circuit · 1987
- Mildred Ives v. W. T. Grant CompanyCourt of Appeals for the Second Circuit · 1975
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3Cited by4 opinions
- Laudani v. Tribeca Lending Corp. (In Re Laudani)United States Bankruptcy Court, D. Massachusetts · 2009
- Lacey v. BAC Home Loans Servicing, LP (In re Lacey)United States Bankruptcy Court, D. Massachusetts · 2012
- DiMare v. Ameriquest Mortgage Co. (In re DiMare)United States Bankruptcy Court, D. Massachusetts · 2011
- Sternklar v. Heritage Auction Galleries, Inc. (In Re Paul)United States Bankruptcy Court, D. Massachusetts · 2008