Stewart v. Hester (In Re Hester)

MEMORANDUM

RUSSELL H. HIPPE, Jr., Bankruptcy Judge.

This matter is before the court on a complaint by the trustee seeking to avoid a transfer by the debtors of a certain tract of real property pursuant to the fraudulent transfer provision of 11 U.S.C. § 548. The pertinent facts are undisputed.

In December 1971 fee simple title to the property was conveyed to the debtors by warranty deed which purported to restrict the debtors’ right of alienation by making the conveyance expressly

subject to the condition that if the grantees herein attempt to convey, mortgage, or otherwise encumber the…