IN RE AMERICAN BUSINESS FINANCIAL SERVICES, INC. (Bankr.D.Del. 2-13-2007)

MARY WALRATH, Bankruptcy Judge

AND NOW, this 13th day of February, 2007, after consideration of the Motion of Ocwen Loan Servicing, LLC for dismissal of the Plaintiff's adversary complaints against it and the Trustee's opposition thereto, it is hereby

ORDERED that the Motion for Dismissal filed by Ocwen Loan Servicing, LLC, is GRANTED, IN PART and DENIED, IN PART; and it is further

ORDERED that the aiding and abetting fraud, breach of fiduciary duty, breach of contract, turnover, conversion, civil conspiracy, and accounting counts are DISMISSED; and it is further

ORDERED that the declaratory relief count is DISMISSED to the extent that the declaratory relief relates to the dismissed tort claims; and it is further

ORDERED that the Trustee is GRANTED leave to amend, within thirty days, his Complaint to plead the aiding and abetting fraud, breach of fiduciary duty, breach of contract, turnover, conversion, civil conspiracy, and accounting counts with further particularity.