Case Information
*1 Case 16-00265-elf Doc 20 Filed 09/18/17 Entered 09/18/17 14:03:07 Desc Main
Document Page 1 of 2 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF PENNSYLVANIA IN RE: : Chapter 13
:
SUSAN M. BOLTZ-RUBINSTEIN, :
: Bky. No. 10–16541 ELF Debtor. : :
: :
SUSAN M. BOLTZ-RUBINSTEIN, :
:
Plaintiff, : :
v. : :
BAC HOME LOANS SERVICING/BANK OF :
AMERICA, N.A. AND :
NATIONAL RESIDENTIAL ASSETS CORP. : Adv. No. 16-265
:
Defendants. : :
: SUSAN M. BOLTZ-RUBINSTEIN, :
:
Plaintiff, : :
v. : :
BANK OF AMERICA, N.A., :
UNITED GUARANTY RESIDENTIAL :
INSURANCE COMPANY OF NORTH :
CAROLINA, :
AIG : Adv. No. 16-362
:
Defendants. : :
-1- *2 Case 16-00265-elf Doc 20 Filed 09/18/17 Entered 09/18/17 14:03:07 Desc Main
Document Page 2 of 2
O R D E R 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 .
Date: September 18, 2017
ERIC L. FRANK CHIEF U.S. BANKRUPTCY JUDGE -2-