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IN RE MBAZIRA

No. 16-1465.

15 F.4th 106 (2021)

IN RE: Safina N. MBAZIRA, Debtor. U.S. Bank, N.A., as Trustee of the J.P. Morgan Mortgage Acquisition Corp. 2005-FRE1 Asset Backed Pass-through Certificates, Series 2005-FRE1, Appellant, Ocwen Loan Servicing, LLC, Defendant, v. John O. Desmond, Chapter 11 Trustee of the Estate of Safina N. Mbazira, Appellee.

United States Court of Appeals, First Circuit.

October 1, 2021.

Attorney(s) appearing for the Case

Jason A. Manekas , with whom Bernkopf Goodman LLP was on brief, for appellant.

David G. Baker for appellee.

Before Howard, Chief Judge, Thompson and Kayatta, Circuit Judges.

This appeal arises out of an adversary action filed in a Chapter 11 proceeding in the Bankruptcy Court for the District of Massachusetts. The subject of the action is a mortgage granted by the debtor, Safina Mbazira, and held by U.S. Bank, N.A. Under the so-called "strong arm" provision of the Bankruptcy Code, 11 U.S.C. §...

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