CIT Group / Equipment Financing, Inc. v. M & S Grading, Inc.

VENTERS, Bankruptcy Judge.

This is an appeal of the bankruptcy court’s determination that the Plaintiffs interest in certain personal property in the Debtor’s possession is superior to the Debtor’s interest in that property and that the Debtor must relinquish possession to the Plaintiff. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(b). For the reasons set forth below, we affirm the decision of the bankruptcy court. 1

I. STANDARD OF REVIEW

We review findings of fact for clear error and conclusions of law de novo. 2 The sole issue on appeal is whether the court properly…