Senlick v. Picerno (In Re Senlick)

OPINION

EMIL F. GOLDHABER, Chief Judge:

The question under adjudication in the case at bar is whether we should grant the debtor’s request for turnover of property seized by his landlord prior to the filing of the debtor’s chapter 7 petition. On the basis of the reasons set forth below, we conclude that the debtor is not entitled to the relief sought.

The facts of this case are as follows: 1 The debtor was renting a parcel of improved realty from one Philip Picerno (“Pi-cerno”) and during the term of the lease the debtor failed to pay several consecutive monthly rental payments. Because of this…