Leake v. Finance One Mortgage, Inc. (In re Snyder)

MEMORANDUM OPINION

THOMAS J. WILSON, Bankruptcy Judge.

Plaintiff, the Trustee in bankruptcy (the “Bankruptcy Trustee”), presently holds a certain fund of surplus proceeds from a pre-petition deed of trust sale of real property of the Debtors’. The Bankruptcy Trustee seeks an order from this Court declaring, in effect, that said fund is not subject to any prior interests therein. Finance One of Virginia, Inc. (“Finance One”), the Defendant herein, asserts in response that the Bankruptcy Trustee holds these proceeds subject to a judgment lien held by Finance One against the Debtors, which…