Kelley v. Horner (In Re Kelley)

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

Donald and Mildred Kelley, Debtors, filed a business Chapter 13 Petition on April 2, 1980. As part of that case, Debtors filed the above entitled Complaint. In the Complaint Debtors request the Court to hold that: (1) a three page document dated January 11, 1979, did not create a valid second mortgage upon Debtors’ homestead property; (2) that Debtors’ homestead exemption is superior to the second mortgage created by the three page document dated January 11, 1979; and (3) that Debtors are entitled to avoid the second mortgage created by the…