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IN RE GIZA

Bankruptcy Nos. 07-41782-HJB, 09-30886-HJB. Adversary Nos. 09-04099, 09-03032.

428 B.R. 266 (2010)

In re David GIZA, Debtor. In re Linda Y. Giza, Debtor. David Giza and Linda Y. Giza, Plaintiffs v. Amcap Mortgage, Inc., Deutsche Bank National Trust Company, As Trustee, and OneWest Bank, FSB, Defendants. Linda Y. Giza, Plaintiff v. Amcap Mortgage, Inc., Deutsche Bank National Trust Company, As Trustee, and OneWest Bank, FSB, Defendants.

United States Bankruptcy Court, D. Massachusetts, Western Division.

April 15, 2010.

Attorney(s) appearing for the Case

L. Jed Berliner, Berliner Law Firm, Springfield, MA, for Debtors.

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is "Defendants' Motion to Dismiss Plaintiffs' Complaint" (the "Motion to Dismiss"),1 filed by two of the three defendants in these adversary proceedings, Deutsche Bank National Trust Company, trustee under the Pooling and Servicing Agreement Series ITF INABS 2006-C ("Deutsche Bank"), and OneWest Bank, FSB ("OneWest") (together, the "Defendants"...

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