Sears, Roebuck & Co. v. Integra National Bank/Pittsburgh (In re Fiscante)

MEMORANDUM OPINION

JOSEPH L. COSETTI, Chief Judge.

The matter before this court is a motion by Sears, Roebuck & Co. (“Sears”) for relief from the automatic stay and/or turnover of property. After careful review of the record and the representations made by the parties, the motion for relief is denied.

I. FACTS

On or about May 18, 1989, Cosmo Nick Fiscante (“Debtor”) purchased a lawn tractor and charged it to his personal charge account with Sears. The purchase price of the lawn tractor was $1,481.81. The lawn tractor was subsequently delivered to the Debtor’s place of business, Trackers Raceway…