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IN RE BELLA VISTA ASSOCIATES, LLC

Bankruptcy Nos. 07-18134/JHW, 07-18136, 07-18138, 07-18151, 07-18153, 07-18154. Adversary No. 07-2610.

388 B.R. 99 (2008)

In the matter of BELLA VISTA ASSOCIATES, LLC, et al., Debtors. Ridings at Brandywine Associates, L.P., Plaintiff v. Citizens Bank, Defendant.

United States Bankruptcy Court, D. New Jersey.

April 24, 2008.

Attorney(s) appearing for the Case

Aris J. Karalis, Esq., Maschmeyer Karalis P.C., Cherry Hill, NJ, for Debtor.

Blair H. Granger, Esq., Paoli, PA, for Citizens Bank

Stephen McNally, Esq., Chiumento, McNally & Shockley, LLC, Cherry Hill, NJ, for Citizens Bank.

OPINION ON MOTION TO DISMISS

JUDITH H. WIZMUR, Chief Court.

Before the court for resolution is the defendant's motion to dismiss the two count adversary complaint filed by the debtor for failure to state a claim upon which relief may be granted. The debtor's complaint alleges that the mortgage held by Citizens Bank is "fraudulent and void" under Pennsylvania state law because it was untimely recorded...

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