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IN RE SMITH-PENA

Bankruptcy No. 11-17355-FJB. Adversary No. 11-01317.

484 B.R. 512 (2013)

In re Theresa A. SMITH-PENA, Debtor. Theresa A. Smith-Pena, Plaintiff v. Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC2 Asset-Backed Pass Through Certificates, Defendant.

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

January 2, 2013.

Attorney(s) appearing for the Case

Kenneth D. Quat , Quat Law Offices, Cambridge, MA, for Plaintiff.

Shawn Masterson , Shechtman Halperin Savage, LLP, Pawtucket, RI, for Defendant.

MEMORANDUM OF DECISION

FRANK J. BAILEY, Bankruptcy Judge.

I. INTRODUCTION

The matter before me is the motion of the Defendant, Wells Fargo Bank, N.A. ("Wells Fargo"), to dismiss the Plaintiff-Debtor's adversary proceeding pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), made applicable to this proceeding by Fed. R. Bankr.P. 7012(b). The Court has jurisdiction over this matter pursuant to 28 U.S.C...

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