Reinbold ex rel. Estate of Thorpe v. Thorpe (In re Thorpe)

OPINION

Thomas L. Perkins, United States Bankruptcy Judge

This matter is before the Court on cross motions for summary judgment. The Plaintiff is the Chapter 7 Trustee (TRUSTEE) of the bankruptcy estate of the Debtor, Timothy H. Thorpe (DEBTOR). The Defendant, Belva J. Thorpe (BELVA), is the DEBTOR’S ex-wife. In her adversary complaint, the TRUSTEE seeks to avoid an alleged transfer to BELVA, effected when the divorce petition was filed, of the DEBTOR’S interest in the real estate that was the marital homestead. The TRUSTEE, in her complaint, also seeks authority to sell the homestead under…