Legal Opinion

Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)

United States Bankruptcy Court, D. Delaware

Decided March 20, 2008No. 19-50103PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of Ocwen Loan Servicing, LLC (“Ocwen”) for dismissal of the Amended Complaint filed against it by George L. Miller (the “Trustee”). For the reasons set forth below, the Court will deny the motion.

I. BACKGROUND

The background to this case and adversary proceeding are set forth in the Court’s Opinion dated February 13, 2007 (the “First Ocwen Opinion”), which granted in part Ocwen’s motion to dismiss the Original Complaint filed against it by the Trustee. Miller v. Greenwich Capital Fin. Prods., Inc. (In re Am.…

2Cases cited30 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Morse v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 1997
  4. Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
  5. Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993

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3Cited by3 opinions

  1. In re MoehringUnited States Bankruptcy Court, S.D. Ohio · 2013
  2. D'Angelo v. Blue Chip Federal Credit Union (In re D'Angelo)United States Bankruptcy Court, M.D. Pennsylvania · 2015
  3. Farsura v. QC Terme US CorpDistrict Court, S.D. New York · 2022

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