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IN RE RUEST, 08-10512 (2011)

Court: United States Bankruptcy Court, D. Vermont Number: inbco20110825757 Visitors: 1
Filed: Aug. 23, 2011
Latest Update: Aug. 23, 2011
Summary: Not for Publication ORDER COLLEEN A. BROWN, Bankruptcy Judge. GRANTING IN PART AND DENYING IN PART THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT For the reasons set forth in the memorandum of even date, IT IS HEREBY ORDERED that the motion for summary judgment filed by Citibank N.A. as Trustee for the MLMI Trust Series 2006-HE5 (the "Bank") on January 17, 2011 (doc. # 33), is GRANTED on the issue of whether the Debtor may obtain relief based his TILA and RESPA claims against the Bank and judgm
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Not for Publication

ORDER

COLLEEN A. BROWN, Bankruptcy Judge.

GRANTING IN PART AND DENYING IN PART THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

For the reasons set forth in the memorandum of even date, IT IS HEREBY ORDERED that the motion for summary judgment filed by Citibank N.A. as Trustee for the MLMI Trust Series 2006-HE5 (the "Bank") on January 17, 2011 (doc. # 33), is GRANTED on the issue of whether the Debtor may obtain relief based his TILA and RESPA claims against the Bank and judgment may be entered thereon in favor of the Bank; and is DENIED as to the Debtor's claim that the Bank lacks standing; and

IT IS FURTHER ORDERED that the Bank's request for attorneys' fees and costs is DENIED.

SO ORDERED.

Source:  Leagle

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