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IN RE BURCAM CAPITAL II, LLC

Case No. 12-04729-8-ATS, Adversary Proceeding No. 13-00063-8-ATS

IN RE: BURCAM CAPITAL II, LLC, Chapter 11, Debtor. BURCAM CAPITAL II, LLC, Plaintiff, v. BANK OF AMERICA, N.A.,Successor by merger to LaSalle Bank National Association, as Trustee for the REGISTERED HOLDERS OF MEZZ CAP COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-C1, and CWCAPITAL ASSET MANAGEMENT, LLC, Defendant.

United States Bankruptcy Court, E.D. North Carolina, Raleigh Division.

October 1, 2013.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

A. THOMAS SMALL, Bankruptcy Judge.

The matter before the court is the Motion to Dismiss filed by the defendants Bank of America, N.A., and CWCapital Asset Management LLC. This is an adversary proceeding brought by the chapter 11 debtor in possession, Burcam Capital II, LLC, for breach of good faith and fair dealing, an accounting and an objection to claim against Bank of America and CW Capital. The complaint also...

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