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IN RE MARRON

Bankruptcy No. 10-45395-MSH. Adversary No. 11-4028.

462 B.R. 364 (2012)

In re David A. MARRON and Robin H. Soroko-Marron, Debtors. David M. Nickless, Trustee, Plaintiff v. HSBC Bank USA, National Association, As Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2005-2, Mortgage Electronic Registration Systems, Inc., U.S. Ban-Corp, and U.S. Bank Trust Company, National Association, Defendants.

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

January 9, 2012.

Attorney(s) appearing for the Case

James O'Connor , Nickless, Phillips and O'Connor, Fitchburg, MA, Counsel for plaintiff, David M. Nickless, Chapter 7 trustee.

Young Han , Prince Lobel Tye LLP, Boston, MA, Counsel for all defendants.

MEMORANDUM OF DECISION ON DEFENDANTS' MOTION TO DISMISS

MELVIN S. HOFFMAN, Bankruptcy Judge.

The defendants have moved to dismiss the chapter 7 trustee's seven count complaint in this adversary proceeding pursuant to Fed.R.Civ.P. 12(b)(6), made applicable to this proceeding by Fed. R. Bankr.P. 7012. In his complaint the trustee seeks avoidance or subordination of (i) a mortgage originally given by the co-debtor...

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