Legal Opinion
Acevedo v. Wells Fargo Bank, N.A. (In re Acevedo)
United States Bankruptcy Court, D. Massachusetts
Decided August 7, 2012No. Bankruptcy No. 10-43723-MSH; Adversary No. 10-4145PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
MELVIN S. HOFFMAN, Bankruptcy Judge.
The defendant, Wells Fargo Bank, in its capacity as trustee of Option One Mortgage Loan Trust 2007-FXD1 Asset-Backed Certificates, Series 2007-FXD1, seeks summary judgment dismissing the two-count complaint filed by the plaintiff-debtor, Leslie Acevedo. In this adversary proceeding Ms. Acevedo, who opposes summary judgment, seeks rescission of a loan originated by Option One Mortgage Corporation,1 currently owned by the trust of which Wells Fargo is trustee, as well as avoidance of the…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Stern v. MarshallSupreme Court of the United States · 2011
- McCarthy v. Northwest Airlines, Inc.Court of Appeals for the First Circuit · 1995
- Cadle Co. v. HayesCourt of Appeals for the First Circuit · 1997
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3Cited by2 opinions
- Travers v. Bank of America, N.A. (In re Travers)United States Bankruptcy Court, D. Rhode Island · 2014
- Porst v. Deutsche Bank National Trust Co. (In re Porst)United States Bankruptcy Court, D. Massachusetts · 2012