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15-1064 - Pereira v. 397 Realty LLC


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15-1064 - Pereira v. 397 Realty LLC
March 31, 2016
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Decision on Trustee's Motion for Summary Judgment and Defendant's Cross Motion for Summary Judgment; For the foregoing reasons, the Trustee's motion for summary judgment is granted and the Defendant's cross motion for summary judgment is denied. The Defendant's lien on the Property is declared void and of no effect; and to the extent that it may exist, it is avoided pursuant to Section 544 (a)(3). , Furthermore, by taking action which resulted in the post-petition docketing of the Extension Order, the Defendant violated the automatic stay. The Court shall hold a further hearing on whether the imposition of sanctions is warranted under the circumstances. A separate Order and Judgment will issue. (RE: related document(s)9 Motion for Summary Judgment filed by Plaintiff John S Pereira, 14 Motion to Dismiss Case filed by Defendant 397 Realty LLC). Signed on 3/31/2016 (agh)