Sywilok v. Internal Revenue Service (In re Gianninoto)

OPINION

THE HONORABLE JOHN K. SHERWOOD, BANKRUPTCY JUDGE

Before the Court is the motion of plaintiff John W. Sywilok, chapter 7 trustee (the “Trustee”) of the bankruptcy estate of James H. Gianninoto (the “Debtor”), for partial summary judgment against defendant JP Morgan Chase, NA (“Chase”). The Trustee’s motion seeks a declaration that Chase does not have a security interest in the Debtor’s property located at 19 Glenwood Road, Upper Saddle River, New Jersey 07458 (the “Property”) because it failed to record its mortgage prior to the filing of the Debtor’s petition. Chase has filed…