Mason v. Szerwinski (In Re Szerwinski)

OPINION

MARCI B. McIVOR, Chief Judge.

Josiah L. Mason, Chapter 7 Trustee (“Trustee”), appeals an order of the bankruptcy court dismissing the Trustee’s adversary complaint against Michael Joseph Szerwinski and Donna Maria Szerwinski (the “Debtors”), PNC Bank (f/k/a National City Bank) (“Bank”), and Muskingum Watershed Conservancy District (“Conservancy District”). The bankruptcy court dismissed the Trustee’s complaint based on its finding that the security interest held by the Bank in Debtors’ cottage and lease is valid. For the reasons that follow, the Panel affirms the bankruptcy court’s…