Legal Opinion

Field v. HSBC Bank USA, N.A. (In re Ho)

United States Bankruptcy Court, D. Hawaii

Decided January 18, 2017No. Case No. 10-03596; Adv. Pro. No. 16-90033PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON MOTION TO DISMISS

Robert J. Faris, United States Bankruptcy Judge

This is a “wrongful foreclosure” action. Defendant HSBC Bank USA, N.A. (“HSBC”), joined by the other defendants except defendant American Savings Bank, F.S.B., moves the court to dismiss this adversary proceeding. For the reasons that follow, I will grant the motion in one respect and deny it in all other respects.

I. FACTS

This section very briefly summarizes the allegations of the complaint. For purposes of this motion, I assume that those allegations are true.

The plaintiff (“Trustee”) is the trustee of…

2Cases cited25 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  3. New Hampshire v. MaineSupreme Court of the United States · 2001
  4. Jarrow Formulas, Inc. v. Nutrition Now, Inc.Court of Appeals for the Ninth Circuit · 2002
  5. Best Place, Inc. v. Penn America Insurance Co.Hawaii Supreme Court · 1996

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3Cited by2 opinions

  1. Fergerstrom v. PNC Bank, N.A.District Court, D. Hawaii · 2018
  2. Azad v. PNC Bank, N.A.District Court, D. Hawaii · 2019

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