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IN RE FINANCIAL RESOURCES MORTG., INC.

Bankruptcy Nos. 09-14565-JMD, 09-14566-JMD. Adversary No. 10-1075-JMD.

454 B.R. 6 (2011)

In re FINANCIAL RESOURCES MORTGAGE, INC. and C L & M, Inc., and other jointly administered cases, Debtors. Steven M. Notinger, Chapter 7 Trustee for Financial Resources Mortgage, Inc. and C L & M, Inc., Plaintiff v. Philip Migliaccio and Melanie Migliaccio, Defendants.

United States Bankruptcy Court, D. New Hampshire.

July 8, 2011.

Attorney(s) appearing for the Case

James W. Donchess, Esq. , Donchess & Notinger, PC, Nashua, NH, for Plaintiff.

Bertrand A. Zalinsky, Esq. , Cronin & Bisson, P.C., Manchester, NH, for Defendants.

MEMORANDUM OPINION

J. MICHAEL DEASY, Bankruptcy Judge.

I. INTRODUCTION

Steven M. Notinger, the chapter 7 trustee (the "Trustee") for the bankruptcy estates of Financial Resources Mortgage, Inc. ("FRM") and C L and M, Inc. ("CLM") (collectively, the "Debtors"), brought an adversary proceeding against Phillip and Melanie Migliaccio (the "Migliaccios" or the "Defendants") requesting that the Court declare certain promissory notes, mortgages...

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