Cruse v. Roberts (In Re Roberts)

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on appeal from an Order of Bankruptcy Judge David P. McDonald awarding judgment to appel-lee State Street Bank and Trust Company (“State Street”) in the amount of $12,-392.15. That amount represents the excess proceeds from a foreclosure sale of certain real estate (“the property”) previously owned by debtors-appellants, Jerry Lee and Debra K. Roberts (“debtors”). Jurisdiction over this appeal is by virtue of 28 U.S.C. § 158 (Supp.1986).

The issue presented on appeal is whether the Bankruptcy Court erred in determining that, as…