Levine v. Leasing International, Inc. (In re Betts)

ORDER

W.H. DRAKE, Jr., Bankruptcy Judge.

This case is before the Court on cross-motions for judgment on the pleadings. The material facts, as alleged in the complaint and admitted in the answer, are as follows.

The debtor, David Edward Betts, filed his Chapter 11 petition on June 3, 1985. Plaintiff was appointed as Trustee in the case on September 30, 1985. In his capacity as Trustee, plaintiff initiated this adversary proceeding on October 20, 1986 by filing a complaint to avoid a security interest.

On or about November 5, 1980, debtor entered into a Lease Agreement with defendant, Leasing…