Allied Capital Corp. v. Altchek ex rel. Martin Altchek, M.D., P.C. (In re Giorgio Shellfish Corp.)

DECISION AND ORDER ON PRIORITY AND EXTENT OF LIENS

JEROME FELLER, Bankruptcy Judge.

Before the Court is a motion for summary judgment by Martin Altchek, as Trustee for the Martin Altchek, M.D., P.C., 401K Pension Plan, F/B/O Martin Altchek, (“Altchek”) for the relief sought in his counterclaim. In essence, Altchek seeks a declaratory judgment, declaring the priorities between the plaintiffs, Allied Capital Corporation and Business Mortgage Investors, Inc. (collectively “Allied”) and the defendants, Altchek and RPT Metro Equities Limited Partnership (“RPT”) (collectively the “Defendants”), to be…