Massachusetts District Court, Appellate Division June 12, 2000 (U.S. Trust Co. v. Carreiro)

Sabra, J.

The plaintiff appeals from the motion judge’s allowance of a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Mass. R. Civ. P., Rule 12(b) (6). The crux of the motion to dismiss was that the plaintiffs complaint was filed to collect on a deficiency after repossession of an automobile pursuant to G.L.c.