BankBoston, N.A. v. Desmond

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. INTRODUCTION

BankBoston, N.A. (the “Bank”) appeals an order of the bankruptcy court declaring that it is not a secured creditor entitled to *349relief from the automatic stay under 11 U.S.C. § 362(d) and denying its Motion for Evidentiary Hearing. In so ruling, the bankruptcy court allowed the Trustee to avoid the Bank’s lien under 11 U.S.C. § 544(a)(1), essentially reducing the Bank’s status to that of a general unsecured creditor. The Bank requests that this Court either reverse the bankruptcy court’s decision or remand the case for an evidentiary…