IN RE MARIANO

Bankruptcy No. 05-34083/JHW, Adversary No. 05-2649.

339 B.R. 344 (2006)

In the matter of Gail MARIANO, Debtor. Andrew Sklar, Trustee, Plaintiff, v. Continental Casualty Company, Defendant.

United States Bankruptcy Court, D. New Jersey.

March 16, 2006.


Attorney(s) appearing for the Case

Andrew Sklar, Esq., Cherry Hill, NJ, for the Plaintiff.

Kenneth E. Bellani, Esq., Carroll, McNulty & Kull, LLC, Basking Ridge, NJ, for Defendant.


OPINION ON SUMMARY JUDGMENT MOTION

JUDITH H. WIZMUR, Chief Judge.

In this adversary proceeding, the Chapter 7 trustee challenges the secured position of the pre-petition levying judgment creditor, Continental Casualty Company, on the ground that the creditor failed to comply with the sequence of execution requirements specified in N.J.S.A. § 2A:17-1. The trustee moves here for summary judgment against the judgment creditor. Because I conclude...

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