Mongiove v. Browne (In Re Mongiove)

FINDINGS AND CONCLUSIONS

THOMAS C. BRITTON, Bankruptcy Judge.

Debtor has filed a complaint to restrain the defendant from asserting any claim of ownership with respect to real property owned by the debtor on August 7, 1980, the date the chapter 13 petition was filed. (C. P. No. 1) Defendant has answered. (C. P. No. 3) The matter was heard on September 18, 1980.

In all material respects, the facts are undisputed. Defendant was the high bidder at a judicial sale of the debtor’s parcel conducted four days after the filing of the petition, and received a certificate of title 11 days later from the…