Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)

OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of Wells Fargo Bank, N.A. and Law Debenture Trust Company of New York (collectively, the “Indenture Trustees”) for dismissal of the above captioned complaint against them. For the reasons set forth below, the Court will grant the motion in part.

I. BACKGROUND

American Business Financial Services, Inc. (“the Debtor”) and its subsidiaries operated as a financial services organization that originated and serviced mortgage loans primarily to credit-impaired borrowers. The Debtor raised capital by selling pools of these loans…