Assante v. Eastern Sav. Bank (In re Assante)
May
22
2012
Ruling
Debtor's proceeding to subordinate claim dismissed as issues were fully and fairly litigated in state court.
Procedural posture
Creditor filed a motion to dismiss chapter 11 debtor's adversary proceeding, which sought to subordinate the creditor's mortgage to the claims of all other creditors pursuant to 11 U.S.C.S. § 510(c) and to vacate the creditor's lien.
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Court
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