Legal Opinion

D'Alessio v. CIT Bank, N.A. (In re D'Alessio)

United States Bankruptcy Court, D. Massachusetts

Decided June 11, 2018No. Case No. 17–30521–EDK; Adversary Proceeding No. 17–3026PublishedCited by 3 opinions

1Opinion of the Court

Elizabeth D. Katz, United States Bankruptcy Judge

Before the Court is the "Defendant's Motion for Summary Judgment" (the "Summary Judgment Motion") filed by CIT Bank, N.A. ("CIT"), the defendant in this adversary proceeding and a party in interest in the underlying Chapter 13 bankruptcy case filed by Stephen A. D'Alessio (the "Debtor"). In his complaint, the Debtor seeks, inter alia , a declaratory judgment that CIT is not entitled to foreclose a reverse mortgage on real property owned by the Debtor's spouse at the time of the execution of the reverse mortgage, but currently owned by the…

2Cases cited14 opinions

  1. Calvi v. Knox CountyCourt of Appeals for the First Circuit · 2006
  2. McCarthy v. AzureCourt of Appeals for the First Circuit · 1994
  3. Shea v. Bay State Gas Co.Massachusetts Supreme Judicial Court · 1981
  4. Miranda-Rivera v. Toledo-DavilaCourt of Appeals for the First Circuit · 2016
  5. Kolbe v. BAC Home Loans Servicing, LPCourt of Appeals for the First Circuit · 2012

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3Cited by3 opinions

  1. The Estate of Caldwell Jones, Jr. v. Live Well Financial, Inc.Court of Appeals for the Eleventh Circuit · 2018
  2. Kimberly A. AckermanUnited States Bankruptcy Court, E.D. Wisconsin · 2024
  3. Onewest Bank v. PalmeroDistrict Court of Appeal of Florida · 2019

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