Legal Opinion

Scott v. American Security Insurance Co. (In re Scott)

United States Bankruptcy Court, S.D. New York

Decided June 14, 2017No. Case No. 16-12045 (JLG); Adv. P. No. 16-01195 (JLG)PublishedCited by 11 opinions

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…

2Cases cited146 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  5. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982

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3Cited by11 opinions

  1. In re DobbsUnited States Bankruptcy Court, E.D. New York · 2019
  2. Ditech Holding CorporationUnited States Bankruptcy Court, S.D. New York · 2023
  3. Ditech Holding CorporationUnited States Bankruptcy Court, S.D. New York · 2022
  4. Jackson Family Dentistry, LLC v. Major Dental Partners, LLCUnited States Bankruptcy Court, E.D. Wisconsin · 2023
  5. Magi v. United Merchant Asset Recovery of WNY, LLCDistrict Court, W.D. New York · 2021

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