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IN RE O'BRIEN

Bankruptcy No. 03-17448 (RTL). Adversary No. 08-1676 (RTL).

423 B.R. 477 (2010)

In re Sean Michael O'BRIEN and Nicole Marie O'Brien, Debtors. Sean Michael O'Brien and Nicole Marie O'Brien, Plaintiffs, v. Frederick Cleveland, Cleveland Development, LLC., and William E. Gahwyler, Defendants.

United States Bankruptcy Court, D. New Jersey.

January 22, 2010.

Attorney(s) appearing for the Case

Gabriel H. Halpern, Esq., Pinilis Halpern, LLP, Morristown, NJ, for Plaintiffs/Debtors.

Eric R. Breslin, Esq., Gia G. Incardone, Esq., Duane Morris LLP, Newark, NJ, for Defendants Cleveland and Cleveland Development, LLC.

William E. Gahwyler, Jr., Esq., pro se.

OPINION

RAYMOND T. LYONS, Bankruptcy Judge.

INTRODUCTION

Plaintiffs accuse the Defendants of defrauding them through a mortgage foreclosure rescue scam. On the eve of a sheriff's foreclosure sale, Plaintiffs deeded their house worth over $800,000 to Defendant Cleveland with an option to buy it back at $650,000. Cleveland took out a new mortgage, paid off Plaintiffs' old mortgage and pocketed...

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