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IN RE CALABRIA

Bankruptcy No. 07-24252JAD. Adversary No. 08-02029JAD.

418 B.R. 862 (2009)

In re Glenn M. CALABRIA and Tommi M. Calabria, Debtors. Glenn M. Calabria and Tommi M. Calabria, Plaintiffs, v. CIT Consumer Group; Bank of New York; and Citifinancial, Inc., Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

November 17, 2009.

Attorney(s) appearing for the Case

John C. Brzustowicz, Marjorie Marotta Malkin, Brzustowicz & Marotta-Malkin PC, McMurray, PA, for Plaintiffs.

CitiFinancial Inc., Pro se.

Gary J. Gaertner, Phelan Hallinan Schmieg LLP, Lauren R. Berschler, Wilentz, Goldman & Spitzer, Pittsburgh, PA, Jonathan J. Bart, Wilentz Goldman & Spitzer, P.A., Philadelphia, PA, for Defendants.

MEMORANDUM OPINION

JEFFERY A. DELLER, Bankruptcy Judge.

By this adversary proceeding, the Debtors' challenge of the lien position of three defendants. Pending before the Court is the Bank of New York's Motion to Dismiss the Debtors' Complaint. For the reasons stated below, the Motion to Dismiss will be granted and this adversary proceeding shall be dismissed.

I.

The Debtors, Glenn and Tommi Calabria, own an interest...

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