Agin v. South Point, Inc. (In Re Kurak)

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matters before the Court are the Motion for Summary Judgment filed by the Plaintiff, the Chapter 7 Trustee (the “Trustee”) of the bankruptcy estate of Debra A. Kurak (the “Debtor”), and the Defendant’s Opposition to the Motion. In his Motion, the Trustee seeks a summary judgment with respect to his two-count complaint through which he seeks a determination that the Defendant does not have a valid mortgage hen against the Debtor’s interest in real property and that his strong-arm powers under 11 U.S.C. § 544(a) preclude the…