Jensen v. Povia (In Re Povia)

ORDER ON MOTION FOR SUMMARY JUDGMENT

ALEXANDER L. PASKAY, Chief Judge.

This is a Chapter 7 liquidation case and the matter under consideration is a Motion for Summary Judgment filed by Diane L. Jensen (“Trustee”). This adversary proceeding was commenced by the Trustee naming James V. Povia, Jr. (“Debtor”) and George Sanders (“Sanders”) as Defendants. In Count I of the Complaint, it is the Trustee’s contention that the interest of the Debtor in the South Tamiami Trust (“Land Trust”) is property of the bankruptcy estate and subject to administration. The Debtor contends that his interest in the…