Rosetti v. Chase Home Fin. LLC (In re Rosetti)

Ruling: 
Mortgagee's claim that case had been filed in bad faith precluded by confirmation of plan.
Procedural posture: 
Adversary defendant, a creditor and mortgagee on plaintiff debtor's home loan, moved to dismiss a chapter 13 petition with prejudice to refiling for 180 days, based on the debtor's dismissal of a prior petition, and also moved to dismiss the adversary proceeding brought against it for breach of contract and fiduciary duties concerning the debtor's escrow accounts, which was brought pursuant to Fed. R. Civ. P. 12(b)(6).
Issue: 
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