Reaves v. Bartelt (In Re Reaves)

MEMORANDUM OPINION

THOMAS M. MOORE, Bankruptcy Judge.

This matter comes on to be heard upon the Complaint filed by Gayle C. Reaves, wife of the Bankrupt, and the Cumberland Bank, a judgment creditor of the Bankrupt and his wife. The Plaintiffs seek to have the surplus proceeds of a foreclosure sale, now in the hands of the Defendant Trustee, turned over to them. The material and relevant facts are stipulated by the parties. The parties have waived oral hearing and request a judgment to be rendered as a matter of law upon such stipulated facts. Mr. Ervin Baer of Fayetteville, North Carolina,…