IN RE HomeBANC MORTGAGE CORPORATION

Bankruptcy Case No. 07-11079-KJC, ADV. No. 07-51740 (KJC), Civil Action No. 13-1064-RGA.

In re: HomeBanc Mortgage Corporation, et al., Debtor. George L. Miller, Chapter 7 Trustee for the Estate of HomeBanc Corp., Appellant, v. Bear Stearns & Co., Inc., Bear Stearns International Ltd., and Strategic Mortgage Opportunities REIT Inc., Appellees.

United States District Court, D. Delaware.

March 27, 2014.


Attorney(s) appearing for the Case

William J. Burnett, Esq. , Plaster Greenberg, P.C., Wilmington, DE; Steven M. Coren, Esq. , (argued), Kaufman, Coren & Ress, P.C., Philadelphia, PA; Howard J. Kaufman, Esq. , Kaufman, Coren & Ress, P.C., Philadelphia, PA; Andrew J. Belli, Esq. , Kaufman, Coren & Ress, P.C., Philadelphia, PA, attorneys for Appellant.

Karen S. Owens, Esq. , Ashby & Geddes, P.A., Wilmington, DE; Andrew W. Stem, Esq. , (argued), Sidley Austin LLP, New York, NY; James O. Heyworth, Esq. , Sidley Austin LLP, New York, NY, attorneys for Appellees.


MEMORANDUM OPINION

RICHARD G. ANDREWS, District Judge.

Pending before the Court is an appeal by Appellant George L. Miller (the "Trustee"), the f Chapter 7 trustee of HomeBanc Corporation ("HomeBanc"), challenging the Bankruptcy Court's grant of partial summary judgment in favor of Appellees (collectively referred to as "Bear") on January 18, 2013. The Court has had regular briefing, oral argument, and supplemental letters.

I. BACKGROUND

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