Feinberg v. Bank of New York Ex Rel. Certificate Holders CWABS, Inc. (In Re Feinberg)

DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DISMISSING COMPLAINT

CECELIA MORRIS, Bankruptcy Judge.

Debtor filed for relief under Chapter 13 on August 6, 2009. On Schedule A, which lists debtor’s real property, Debtor indicated that he owned real property located at 4 Stissing Mountain Lane, Pine Plains, N.Y. in fee simple. ECF Docket No. 1. The current value of the real property is listed as $250,000 and the amount of the secured claim is listed as $278,400. Id. On Schedule D, which lists creditors holding secured claims, Debtor indicated that Bank of New York, as…