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IN RE MEALEY

Bankruptcy No. 95-10224-MWV. Adv. No. 95-1098-MWV.

189 B.R. 20 (1995)

In re Joseph F. MEALEY, Jr. and Barbara A. Mealey, Debtors. Joseph F. MEALEY, Jr. and Barbara A. Mealey, Plaintiffs, v. W. VERCELLINI and S. Twersky, as Trustees of MMG Dollar Trust and Paul Nissenbaum, Defendants.

United States Bankruptcy Court, D. New Hampshire.

August 31, 1995.

Attorney(s) appearing for the Case

Raymond DiLucci, Raymond DiLucci, P.A., Concord, NH, for Plaintiff.

Charles Cleary, Wadleigh, Starr Offices, Manchester, NH, for Plaintiff MMG Dollar Trust.

Shirley Twersky, Wanda Vercellini, Boston, MA, Paul Nissenbaum, Somerville, MA, for Defendant.

Lawrence Sumski, Amherst, NH, Ch. 13 Trustee.

Gerri Karonis, Manchester, NH, for United States Trustee.

MEMORANDUM OPINION

MARK W. VAUGHN, Bankruptcy Judge.

The Court has before it the motion to dismiss Debtors' amended complaint filed by the Defendant, MMG Dollar Trust ("MMG"), for failure to state a claim upon which relief can be granted. Specifically, as stated in MMG's memorandum of law, MMG argues that the complaint should be dismissed "because a mortgagee's claim cannot be invalidated by its refusal to foreclose on its collateral, [Count I] and...

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