Simpson v. Levitsky (In Re Levitsky)

MEMORANDUM OPINION GRANTING CHAPTER 7 TRUSTEE’S COMPLAINT FOR TURNOVER OF PROPERTY OF THE ESTATE, UPHOLDING LIEN OF CIT GROUP CONSUMER FINANCE, INC., AND AVOIDING LIEN OF MANUFACTURERS AND TRADERS TRUST COMPANY AS TO THE SAID PROPERTY

JAMES F. SCHNEIDER, Bankruptcy Judge.

Before the Court are two adversary proceedings that relate to the debtor’s residence (“the Property”). The first, Adversary Proceeding No. 04-2024, brought by Lori S. Simpson, the Chapter 7 Trustee, asks the Court to declare that the Property is includable as property of the debtor’s estate, even though it is titled in the…