HSBC Bank USA, N.A. v. Lassman (In Re Demore)

BARRON, Circuit Judge.

This case concerns an appeal from a consolidated adversary action in bankruptcy. The action was brought by Donald Lassman, the appellant, who is the trustee for the estates of two bankruptcy petitioners, Andrew and Maureen DeMore. In bringing the adversary action that this appeal concerns, Lassman sought, pursuant to 11 U.S.C. § 544(a)(3), to “avoid” a mortgage on a parcel of land in Massachusetts that the DeMores had purportedly granted to the predecessor in interest to HSBC Bank, USA, N.A. (“HSBC”), which is the appellee.

Below, the Bankruptcy Court granted summary…