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IN RE DAY

Bankruptcy No. 08-18384 MS. Adversary No. 10-1479 MS.

443 B.R. 338 (2011)

In re Ralph M. DAY, Sr., Debtor. Robert B. Wasserman, Chapter 7 Trustee, Plaintiff, v. Louis A. Capazzi, Jr., Esq., Ann Capazzi, Jessica Gallo and HSBC Bank USA, National Association as Trustee for the Holders of the Certificates Issued by Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-1, Defendants.

United States Bankruptcy Court, D. New Jersey.

February 2, 2011.

Attorney(s) appearing for the Case

Wasserman, Jurista & Stoltz, PC, Scott S. Rever, Esq. , Millburn, NJ, for Robert B. Wasserman, Chapter 7 Trustee.

Finestein & Malloy, LLC, Michael D. Malloy, Esq. , Livingston, NJ, for HSBC Bank USA.

OPINION

MORRIS STERN, Bankruptcy Judge.

I. INTRODUCTION.

The trustee in bankruptcy, as a hypothetical judicial lien creditor, as one who executes, and as a bona fide purchaser of real property (all per 11 U.S.C. § 544(a)), often competes for personal and real property with those who would claim equitable interests in such property. Sub judice, a lending bank claims that its intended mortgage transaction...

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