Zimmerman v. Spickelmire (In Re Spickelmire)

MEMORANDUM OF DECISION 1

TERRY L. MYERS, Chief Judge.

INTRODUCTION

This matter is before the Court for decision after trial held June 22, 2010. Upon the evidence presented and the legal arguments made, the Court finds that the Plaintiff, chapter 7 trustee C. Barry Zim merman (“Trustee”), has failed to sustain his burden of proof and persuasion, and judgment will therefore be entered for the sole appearing Defendant, Melba June Lamm (“Defendant”).

PROCEDURAL AND FACTUAL BACKGROUND 2

On October 3, 2005, W. James Spickel-mire and Betty J. Spickelmire (“Debtors”) filed a joint voluntary chapter 7…