United States v. Brown (In re Sapp)

MEMORANDUM OPINION

FRANK W. KOGER, Bankruptcy Judge.

BACKGROUND

This matter regards the Plaintiff’s Complaint For Reclamation in which plaintiff seeks to reclaim from the Trustee of the debtors’ Chapter 7 estate the proceeds Trustee received as an award in condemnation of a portion of a parcel of real property for which Plaintiff holds a deed of trust securing a note. The facts of this case as stipulated are as follows:

In August of 1980, Century State Bank of Columbia, Missouri (“Century Bank”), the predecessor in interest to Plaintiff, the United States of America acting on behalf of the Small…