Phillips Petroleum Co. v. DeMeo (In Re DeMeo)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SIDNEY M. WEAVER, Bankruptcy Judge.

This cause came on for trial upon the Complaint of PHILLIPS PETROLEUM COMPANY, for declaratory relief, seeking a declaration that the Debtor had no interest in certain real property located in Bro-ward County, Florida or in the alternative for relief from stay to permit eviction. The Debtor filed a Counterclaim and Third Party Complaint seeking to avoid, as a fraudulent transfer, a certain assignment from the Debtor to his brother, PHILIP J. DeMEO, and, further, seeking damages from PHILLIPS PETROLEUM COMPANY alleged to…