Scott v. American Security Insurance Co. (In re Scott)
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION AND ORDER RESOLVING MOTIONS TO DISMISS COMPLAINT AND CROSS-COMPLAINTS
HON. JAMES L. GARRITY, JR., U.S. BANKRUPTCY JUDGE
INTRODUCTION
Philip Michael Scott, the plaintiff and chapter 13 debtor herein (the “Debtor”), is party to a Mortgage (defined below) on certain real property located in Scarsdale, New York. In 2014, Ocwen Loan Servicing LLC (“Ocwen”), as servicer for Bank of New York Mellon (“BNY”), as mortgagee, purchased an insurance policy covering the property from American Security Insurance Company (“ASIC”). On December 31, 2014, a fire destroyed the property. The…
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