Legal Opinion
Fidler v. Central Cooperative Bank (In Re Fidler)
United States Bankruptcy Court, D. Massachusetts
Decided October 26, 1998No. 19-40043PublishedCited by 24 opinions
1Opinion of the Court
DECISION ON DEFENDANT’S MOTION TO DISMISS
WILLIAM C. HILLMAN, Bankruptcy Judge.
I. Factual Background 1
On January 24, 1980, the plaintiffs in this adversary proceeding, John W. Fidler and Helen M. Fidler (the “Fidlers”), purchased real property located at 6 Cross Street, Charlestown, Massachusetts (the “Property”). 2 It is their primary dwelling. In December 1983, they refinanced the Property, borrowing $32,500 from the Defendant, Central Cooperative Bank (“Central”), secured by a first mortgage. In May 1986, the Fi-dlers refinanced the 1983 loan, borrowing $42,000 from Central secured by a…
2Cases cited13 opinions
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
- Bull v. United StatesSupreme Court of the United States · 1935
- Jorge Correa-Martinez v. Rene Arrillaga-BelendezCourt of Appeals for the First Circuit · 1990
- Beach v. Ocwen Federal BankSupreme Court of the United States · 1998
- Garita Hotel Limited Partnership, Etc. v. Ponce Federal Bank, F.S.B.Court of Appeals for the First Circuit · 1992
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3Cited by24 opinions
- Hawaii Community Federal Credit Union v. KekaHawaii Supreme Court · 2000
- In Re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2007
- Belini v. Washington Mutual Bank, FACourt of Appeals for the First Circuit · 2005
- Maxwell v. Fairbanks Capital Corp. (In Re Maxwell)United States Bankruptcy Court, D. Massachusetts · 2002
- DiVittorio v. HSBC Bank USA, NA (In re DiVittorio)Court of Appeals for the First Circuit · 2012
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