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IN RE SCHWARTZ

Bankruptcy No. 06-42476-MSH. Adversary No. 07-4098.

447 B.R. 676 (2011)

In re Sima SCHWARTZ, Debtor. Sima Schwartz, Plaintiff v. Deutsche Bank National Trust HomEq Servicing Corp., Defendants.

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

March 14, 2011.

Attorney(s) appearing for the Case

David G. Baker , Boston, MA, for Plaintiff.

Christopher J. Decosta , Christopher Matheson, Richard C. Demerle , Michienzie & Sawin LLC, Boston, MA, Sarah-Nell Walsh, Baker, Donelson, Bearman, Atlanta, GA, for Defendants.

ORDER DENYING MOTION TO DISMISS

MELVIN S. HOFFMAN, Bankruptcy Judge.

Before me is the motion of the defendants to dismiss six of the seven counts of the adversary proceeding on the grounds that the plaintiff, who is a Chapter 7 debtor, lacks standing to prosecute the six counts at issue because these claims underlying them are property of the debtor's estate and may be prosecuted only by the Chapter 7 trustee.1 The adversary...

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