Opinion
Case No. 10-45395-MSH No. 11-4028
02-13-2012
In re: DAVID A MARRON AND ROBIN H SOROKO-MARRON Debtors DAVID M. NICKLESS,TRUSTEE Plaintiff v. HSBC BANK USA, NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE OF THE FIELDSTONE MORTGAGE INVESTMENT TRUST, SERIES 2005-2, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., U.S. BANCORP, AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION Defendants
Chapter 7
Adversary Proceeding
ORDER ON TRUSTEE'S MOTION FOR RECONSIDERATION
The trustee seeks reconsideration of my order of January 9, 2012 granting the defendants' motion to dismiss on the grounds that there has been a change in the law based upon the Supreme Judicial Court's solicitation of briefs in Eaton v. Fed. Nat. Mort. Ass 'n, slip op. C.A. 11-1382 (Mass. Superior Ct. June 17, 2011), appeal pending at SJC. The defendants oppose.
The SJC's order of January 6, 2012 soliciting additional briefs in Eaton does not constitute a change in the law. Consequently the motion for reconsideration is denied.
By the Court,
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Melvin S. Hoffman
U.S. Bankruptcy Judge
Counsel Appearing: James O'Connor
Fitchburg, MA
Counsel for plaintiff, David M. Nickless, Chapter 7 trustee
Young Han
Boston, MA
Counsel for all defendants