Boyd v. Petrie (In Re Tompkins)

OPINION AFTER REMAND

SCOTT W. DALES, Bankruptcy Judge.

This matter is before the court on remand from the United States District Court (“District Court”), following the successful appeal by Plaintiff, Chapter 7 Trustee James W. Boyd (the “Bankruptcy Trustee”), from the court’s judgment entered in favor of James A. Petrie as trustee of the James A. Petrie Trust (the “Defendant”).

The primary focus of the adversary proceeding involved a loan made to Michael Tompkins (the “Debtor”) and his then-wife, Cheryl Petrie (“Ms.Petrie”), from Ms. Petrie’s parents (the “Petries”), in exchange for a mortgage…