Sapir v. Hudson Realty Co. (In Re Rosalind Gardens Associates)

DECISION ON MOTION AND CROSS-MOTIONS FOR SUMMARY JUDGMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

In the present adversary proceeding commenced by the Chapter 7 trustee for turnover and for violation of the automatic stay, the defendant Hudson Realty Company (“Hudson”), the mortgagee of the debt- or’s sole asset, has moved for summary judgment to dismiss the Amended Complaint pursuant to Federal Rule of Bankruptcy Procedure 7056, which incorporates Federal Rule of Civil Procedure 56. The central issue in this case is whether Hudson violated the automatic stay by executing on a foreclosure…