Legal Opinion
Nickless v. HSBC Bank USA (In re Marron)
United States Bankruptcy Court, D. Massachusetts
Decided January 9, 2012No. Bankruptcy No. 10-45395-MSH; Adversary No. 11-4028PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON DEFENDANTS’ MOTION TO DISMISS
MELVIN S. HOFFMAN, Bankruptcy Judge.
The defendants have moved to dismiss the chapter 7 trustee’s seven count com*367plaint in this adversary proceeding pursuant to Fed.R.Civ.P. 12(b)(6), made applicable to this proceeding by Fed. R. Bankr.P. 7012. In his complaint the trustee seeks avoidance or subordination of (i) a mortgage originally given by the co-debtor Robin H. Soroko-Marron to the defendant Mortgage Electronic Registration Systems, Inc. (“MERS”), as nominee for Fieldstone Mortgage Company (“Field-stone”) and Fieldstone’s successors…
2Cases cited27 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Valerie Watterson v. Eileen PageCourt of Appeals for the First Circuit · 1993
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3Cited by2 opinions
- Woods v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2013
- Goldsmith v. Massad (In re Fiorillo)United States Bankruptcy Court, D. Massachusetts · 2013