Legal Opinion
Bottcher v. Emigrant Mortgage Co. (In Re Bottcher)
United States Bankruptcy Court, D. Massachusetts
Decided November 24, 2010No. 14-15665PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON DEFENDANT’S MOTION TO DISMISS
MELVIN S. HOFFMAN, Bankruptcy Judge.
Before me is the motion of the defendant Emigrant Mortgage Company, Inc. to dismiss this adversary proceeding.
Background
The plaintiff, who is the Debtor in the main bankruptcy case, refinanced his home mortgage loan with the defendant lender on December 7, 2007. In his complaint, the plaintiff alleges that this transaction violated the Massachusetts Consumer Credit Cost Disclosure Act, Mass. Gen. Laws. ch. 140D (the “MCCCDA”), the state’s version of the federal Truth in Lending Act, entitling him to…
2Cases cited13 opinions
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- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Schwab v. ReillySupreme Court of the United States · 2010
- Bankruptcy Services, Inc. v. Ernst & Young (In Re CBI Holding Co.)Court of Appeals for the Second Circuit · 2008
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3Cited by5 opinions
- Bavelis v. Doukas (In Re Bavelis)United States Bankruptcy Court, S.D. Ohio · 2011
- Bavelis v. Doukas (In Re Bavelis)Court of Appeals for the Sixth Circuit · 2014
- Szyszlo v. AkowitzMichigan Court of Appeals · 2012
- Schwartz v. Deutsche Bank National Trust HomEq Servicing Corp. (In Re Schwartz)United States Bankruptcy Court, D. Massachusetts · 2011
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