Estrada v. Estrada (In Re Estrada)

Memorandum Opinion

JAMES J. ROBINSON, Bankruptcy Judge.

The Debtor-Plaintiff, Steven Estrada (the “Debtor” or “Plaintiff’) filed chapter 13 bankruptcy on June 13, 2005, and commenced this adversary proceeding on January 11, 2006. Debtor’s chapter 13 plan provided for the sale of his house with the net proceeds to be paid to the Chapter 13 Trustee and distributed to allowed claim holders. The Debtor’s house (the “house” or “property”) was owned by him prior to his marriage to the Defendant/Counter-Claimant, Donna Estrada (the “Defendant”), and was their common homestead while they lived together…