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IN RE DIVITTORIO

Bankruptcy No. 05-20854-WCH. Adversary No. 09-1089.

430 B.R. 26 (2010)

In re Angelo DiVITTORIO, Debtor. Angelo DiVittorio, Plaintiff, v. HSBC Bank, USA, N.A., As Trustee on Behalf of Ace Securities Corp. Home Equity Loan Trust and for the Registered Holders of Ace Securities Corp. Home Equity Loan Trust, Series 2006-SD1, Asset Backed Pass-Through Certificates, Ocwen Loan Servicing, LLC, and IndyMac Federal Bank, Defendants.

United States Bankruptcy Court, D. Massachusetts.

May 28, 2010.

Attorney(s) appearing for the Case

Harvey S. Shapiro, Boston, MA, for Plaintiff.

David Fialkow, Nelson Mullins Riley & Scarborough LLP, Richard C. Demerle, Michienzie & Sawin LLC, Boston, MA, for Defendants.

MEMORANDUM OF DECISION

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. INTRODUCTION

The matters before the Court are the consolidated Motion to Dismiss (the "Motion to Dismiss") on remand from the United States District Court for the District of Massachusetts (the "District Court") and the Motion for Summary Judgment, both filed by the Defendant HSBC Bank, USA, N.A.1 (the "Defendant"), as well as the oppositions...

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