In re Boltz-Rubinstein, 10-16541 ELF (2017)
Court: United States Bankruptcy Court, E.D. Pennsylvania
Number: inbco20170919540
Visitors: 7
Filed: Sep. 18, 2017
Latest Update: Sep. 18, 2017
Summary: ORDER ERIC L. FRANK , Bankruptcy Judge . AND NOW , upon consideration of Bank of America's Motion to Dismiss Adversary Proceeding 16-265 ("the Bank of America Motion") and United Guaranty's Motion to Dismiss Adversary 16-362 ("the United Guaranty Motion"), and for the reasons set forth in the accompanying Memorandum: It is hereby ORDERED that: 1. In Adv. No. 16-265, the Bank of America Motion is GRANTED IN PART and DENIED IN PART : a. The Bank of America Motion is DENIED as to Count
Summary: ORDER ERIC L. FRANK , Bankruptcy Judge . AND NOW , upon consideration of Bank of America's Motion to Dismiss Adversary Proceeding 16-265 ("the Bank of America Motion") and United Guaranty's Motion to Dismiss Adversary 16-362 ("the United Guaranty Motion"), and for the reasons set forth in the accompanying Memorandum: It is hereby ORDERED that: 1. In Adv. No. 16-265, the Bank of America Motion is GRANTED IN PART and DENIED IN PART : a. The Bank of America Motion is DENIED as to Count ..
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ORDER
ERIC L. FRANK, Bankruptcy Judge.
AND NOW, upon consideration of Bank of America's Motion to Dismiss Adversary Proceeding 16-265 ("the Bank of America Motion") and United Guaranty's Motion to Dismiss Adversary 16-362 ("the United Guaranty Motion"), and for the reasons set forth in the accompanying Memorandum:
It is hereby ORDERED that:
1. In Adv. No. 16-265, the Bank of America Motion is GRANTED IN PART and DENIED IN PART:
a. The Bank of America Motion is DENIED as to Count IV, the Debtor's claim under 11 U.S.C. §362(k).
b. The Bank of America Motion is GRANTED as to all other claims, including all claims against National Residential Assets Corp.
c. Count I of the Complaint is DISMISSED WITHOUT LEAVE TO AMEND.
d. Counts II and II of the Complaint are DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION.
2. In Adv. No. 16-362, the United Guaranty Motion is GRANTED and
a. Counts I, II and III are DISMISSED WITHOUT LEAVE TO AMEND.
b. Counts IV and V are DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION.
3. In Adv. No. 16-265, Bank of America shall file an Answer to the Amended Complaint on or before October 10, 2017.
Source: Leagle
