United States Bankruptcy Court, E.D. New York September 4, 2009, 1-19-40728 (Jacques v. U.S. Bank N.A. (In Re Jacques))

MEMORANDUM DECISION ON DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT

ELIZABETH S. STONG, Bankruptcy Judge.

This adversary proceeding was commenced by the filing of a complaint by Jude Jacques, the debtor in this Chapter 13 case (the “Plaintiff’), against defendants U.S. Bank N.A. in its capacity as Trustee for the Registered Holders of the MASTR Asset Backed Securities Series 2005-NC2 (“U.S.