Thiel v. Thiel (In Re Thiel)

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING IMPLEMENTATION RELIEF

C. TIMOTHY CORCORAN, III, Bankruptcy Judge.

This adversary proceeding came on for hearing on July 10, 2001, of the plaintiffs motion for summary judgment (Document No. 11). The plaintiff seeks a summary judgment imposing an equitable lien on the homestead of the defendants, the debtor and his wife, for the debtor’s actual fraud in the liquidation and conversion of proceeds from the plaintiffs certificates of deposit (“CDs”) to pay off the mortgage on the defendants’ homestead.

At the hearing, the court…