Brown v. Kempker (In Re Kempker)

MEMORANDUM OPINION

FRANK W. ROGER, Bankruptcy Judge.

FACTS

This adversary proceeding is brought by the bankruptcy Trustee under 11 U.S.C. § 544 to have all accrued and unpaid interest on a certain promissory note declared waived by its payee and to cancel a third party’s alleged interest in personal property. The defendants in this matter are Debtors Roger Kempker and Joyce Kempker, Bertha Angerer, and Lawrence Kempker. Debtors, husband and wife, filed for joint relief under Chapter 7 of the Bankruptcy Code on August 25, 1988. On or about December 27, 1977, Debtors executed an installment note…