Agin v. Chambers (In Re Ruel)

MEMORANDUM OF DECISION

FRANK J. BAILEY, Bankruptcy Judge.

By his complaint in the adversary proceeding, the chapter 7 trustee, Warren Agin (“Agin”), seeks to avoid under 11 U.S.C. § 547(b) and preserve for the estate the transfer by the debtor, Lana Ruel (the “Debtor”), to the Turner Family Irrevocable Trust (the “Trust”) of a mortgage on her home to secure payment of a promissory note in the amount of $67,000. The defendants, all of whom are siblings of the Debtor and at all relevant time have been beneficiaries of the trust, are Barbara Ann Chambers, Arthur Turner III, and Cheryl L. Smith,…