IN RE ZAMPATTI

No. 02-31596BM.

300 B.R. 415 (2003)

In re David ZAMPATTI and Karen Zampatti, Debtors. David Zampatti and Karen Zampatti, Movants, v. Scenery Hill Development, Inc., Vanessa Fuchs, George Kustenow, Allen Novosel, Zeppi Oil & Gas Company, Inc., Robert Housley, Marsh Capital Investors, and Ciolli Motors, Inc., Respondents.

United States Bankruptcy Court, W.D. Pennsylvania.

October 23, 2003.


Attorney(s) appearing for the Case

Donald R. Calaiaro, Pittsburgh, PA, for Movants.

George H. Hoffman, Pittsburgh, PA, for Defendant Scenery Hill Development.

Peter J. Payne, Turtle Creek, PA, for Defendant Marsh Capital Investors.


MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Scenery Hill Development, Inc., Allen Novosel and Thomas Michalek all have liens against real property debtors own. We have been called upon to determine which of them has the lien that is second in position only to the lien of the first mortgagee.

Each of the lienholders claims to have the second position lien ahead of the others.

We conclude for reasons presented in this memorandum...

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