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IN RE LOWENSTEIN

Bankruptcy No. 10-14860 ELF. Adversary No. 10-0409.

459 B.R. 227 (2011)

In re Roger LOWENSTEIN, Debtor. Roger Lowenstein, Lynne Lowenstein, Plaintiffs, v. U.S. Bank, N.A., as Trustee of Mastr. Adj. Rate Mortgage Mortgages Trust 2007-3, BAC Home Loan Servicing, LP, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

October 5, 2011.

Attorney(s) appearing for the Case

Lawrence W. Abel , Avallone Law Associates, Philadelphia, PA, Timothy Zearfoss , Law Offices of Timothy Zearfoss, Upper Darby, PA, for Debtor/Plaintiffs.

Jesse N. Silverman , Dilworth Paxson LLP, Philadelphia, PA, for Defendants.

MEMORANDUM

ERIC L. FRANK, Bankruptcy Judge.

I. INTRODUCTION

Roger Lowenstein ("the Debtor") commenced this chapter 13 bankruptcy case on June 14, 2010. In this adversary proceeding, filed on October 26, 2010, the Debtor and his spouse, Lynne Lowenstein (collectively, "the Plaintiffs"), seek to enforce their purported pre-petition rescission of a residential mortgage transaction pursuant to the Truth-in-Lending Act, 15 U.S.C. §§ 1601-1667f...

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