HSBC Bank USA, N.A. v. Gold (In Re Taneja)

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

Before the court is the motion of the chapter 11 trustee to dismiss the amended complaint filed by HSBC Bank USA National Association (“HSBC”) for failure to state a claim for relief. This is an action to determine the validity of HSBC’s claimed lien against property of the debtor and to impose a constructive trust against the sales proceeds held by the trustee. The controversy arises because the deed of trust securing the note that HSBC purchased from a prior holder was released— approximately 2years before the filing of the bankruptcy…