Hampden Center, Ltd. v. Teachers Insurance & Annuity Ass'n of America (In re Hampden Center, Ltd.)

DECISION AND ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.*

This matter is before the Court on cross motions for summary judgment in the within adversary proceeding in which the plaintiff/debtor, Hampden Center, Ltd., seeks a determination of the extent, validity and priority of lien, pursuant to 11 U.S.C. § 506, and to avoid lien pursuant to 11 U.S.C. § 544(a).

The parties entered into a Joint Statement of Stipulated Facts, as well as an Amended Joint Pretrial Statement, which succinctly set forth the issues. In addition, both sides have submitted lengthy briefs in support of their…