Ben-Ami v. Katz

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

This is an action by a chapter 11 debtor in possession, Simon Ben-Ami, to determine the validity and extent of a judgment lien and a deed of trust, both held by Daniel Katz. Summary judgment has already been entered in favor of Katz determining that the judgment lien is valid. 1 A trial with respect to the deed of trust was held on November 14, 2006. The debtor was present in person and represented himself. Mr. Katz was present and was represented by counsel. This opinion constitutes the court’s findings of fact and conclusions of law…