Supnik v. Key Bank of Central New York (In Re Brown)

MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

LEON J. MARKETOS, Bankruptcy Judge.

This is an action commenced by the Trustee pursuant to § 544, Title 11, U.S.C. (hereinafter, the Code), to avoid a security interest in a mobile home claimed by the defendant, Key Bank of Central New York (hereinafter, the Bank).

The stipulated facts are as follows: On August 6, 1982, James W. and Gloria J. Brown, (hereinafter, the Debtors) entered into a retail installment contract (hereinafter, the Contract) with the Bank whereby the latter financed the purchase of a 1982 Astro Liberation…