Coleman v. Home Savings Ass'n (In Re Coleman)

EDWARD H. PATTON, Jr., Bankruptcy Judge.

The matters before the court are cross-motions for summary judgment in an adversary proceeding filed by the debtors seeking to avoid a foreclosure sale on their homestead as an alleged fraudulent conveyance. The summary judgment proof including affidavits filed by the parties together with the request for admissions as answered by the debtors establish the following facts:

1. On January 23, 1980 James and Dollie Coleman, debtors in this proceeding, executed a promissory note to Harris County Air Conditioning Corp. which was subsequently assigned to Home…