Yoon v. National City Mortgage Co. (In Re Hershman)

MEMORANDUM OF DECISION

J. PHILIP KLINGEBERGER, Bankruptcy Judge.

This adversary proceeding was initiated by a complaint filed by Stacia L. Yoon, as Trustee of the Chapter 7 bankruptcy estate of Charles Adam Hershman, (“Trustee”) on December 6, 2007. The focus of the complaint is the Trustee’s assertion that a mortgage granted by the Chapter 7 debtor Hershman to National City Mortgage Co. d/b/a Commonwealth United Mortgage Co., now known as National City Real Estate Services, LLC (“National”) is avoidable by her utilization of the “strong arm” powers of a Chapter 7 Trustee. The defendant…