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IN RE HOWE

Bankruptcy No. 09-10183 SR. Adversary No. 09-0010.

446 B.R. 170 (2009)

In re Thelma Jane HOWE, Debtor(s). Thelma Jane Howe, and Donald J. Howe, Plaintiff(s) v. Creditors Interchange Receivables Management, LLC, and Bank of America, N.A., Defendant(s).

United States Bankruptcy Court, E.D. Pennsylvania.

November 3, 2009.

Attorney(s) appearing for the Case

Roger V. Ashodian, Esquire , Regional Bankruptcy Center of SE PA, P.C, Havertown, PA, for Plaintiffs.

Andrew M. Schwartz, Esquire , Marshall Dennehey Warner Coleman & Goggi, Philadelphia, PA, for Creditors Interchange Receivables management, LLC.

William J. Becket, Esquire , Becket & Lee LP, Malvern, PA, George Conway, Esquire , Office of the United States Trustee, Philadelphia, PA, for Bank of America, N.A.

OPINION

STEPHEN RASLAVICH, Chief Judge.

Introduction

CIRM has filed a Motion for Summary Judgment as to Counts II and III of the Amended Complaint. Plaintiffs oppose that request. A hearing on the summary judgment request was held on September 9, 2009, after which the Court took the matter under advisement. For the reasons which follow, the motion will be granted.1

Background and Procedural Posture...

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