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In Re: Maxwell v. HSBC Mortgage Corporation (USA) et al., AP 12-5284, Doc. #8

Order granting Defendant’s motion to dismiss.  The Debtor filed, and the Court granted, a motion to compel abandonment of property in his chapter 7 bankruptcy case.  Debtor then filed a Complaint to determine the validity, priority or extent of liens.  Defendant filed a motion to dismiss for lack of subject matter jurisdiction.  The Court found that dismissal was appropriate because the adversary proceeding did not relate to Debtor’s bankruptcy case because the property at issue had been abandoned and was no longer part of the bankruptcy estate.  Additionally, any issues relating to the extent and priority of the liens at issue could be resolved in another forum.

File: 
Date: 
08/22/2012