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IN RE CERRATO

Case No. 12-47995-CEC Adv. Proc. No. 13-01138-CEC.

504 B.R. 23 (2014)

IN RE: Antonio CERRATO aka Antonio Cerrato Breve, Debtor. Antonio Cerrato, Plaintiff, v. BAC Home Loans Servicing, f/k/a Countrywide Home Loans Servicing, L.P. and Bank of America, N.A., Defendants.

United States Bankruptcy Court, E.D. New York.

Filed January 24, 2014.

Attorney(s) appearing for the Case

Brian McCaffrey, Esq. , Brian McCaffrey, P.C., 88-18 Sutphin Boulevard, 1st Floor, Jamaica, New York 11435, Attorney for Plaintiff.

Lisa Milas, Esq. , Frenkel Lambert Weiss Weisman & Gordon LLP, 53 Gibson Street, Bay Shore New York 111706, Attorney for Defendants.

Chapter 13

DECISION

CARLA E. CRAIG, Chief United States Bankruptcy Judge

This adversary proceeding was commenced by Antonio Cerrato ("Cerrato", or "Plaintiff"), the debtor in the above captioned chapter 13 proceeding, to avoid a pre-petition foreclosure sale and to quiet title to real property. The defendants, BAC Home Loan Servicing and Bank of America N.A. (together, "BAC" or "Defendants"), filed a motion to dismiss the adversary proceeding...

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