PNC Mortgage v. Agin

MEMORANDUM OF DECISION

ZOBEL, District Judge.

In this bankruptcy appeal, defendant-appellant PNC Mortgage (“PNC”) contends that the bankruptcy court erroneously awarded plaintiff-appellee Warren E. Agin (“Trustee”), the Chapter 7 Trustee in bankruptcy for Kelley J. Spodris (“debt- or”), $234,000 for the benefit of debtor’s estate. Trustee moves to dismiss the appeal as untimely (Docket # 8). For the reasons discussed below, I conclude that PNC’s appeal is timely and the bankruptcy court erred in awarding the money judgment. The judgment is therefore VACATED and the case remanded.

I. Background

Deb…