Simon v. JP Morgan Chase Bank, National Association (In Re Lebbos)

Opinion Denying Defendant’s Motion for Summary Judgment and Granting Trustee’s Motion for Summary Judgment under 11 U.S.C. § 547

WALTER SHAPERO, Bankruptcy Judge.

The Chapter 7 Trustee filed this adversary proceeding to obtain a judgment avoiding and setting aside a notice of lis pendens recorded by Defendant, JP Morgan Chase Bank, National Association (“JP Morgan”), against the Debtor’s primary residence under 11 U.S.C. § 547 or, in the alternative, for a declaratory judgment that JP Morgan’s interest was un-perfected and inferior to the Trustee’s rights under subsections (1) through (3) of 11…