Hoffner v. Schaber (In re Hoffner)

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on October 2, 1986, for trial on the merits of debtor’s complaint for declaratory judgment and equitable relief. At that time, the Court ordered the complaint dismissed with prejudice as against Sheriff Coussons. The only issue remaining is the legal effect of the document executed by debtor purporting to withdraw debtor’s waiver of exemption and release of property.

On September 3, 1985, a writ of execution was delivered to the Luna County Sheriff’s Office for service on debtor Donald Lee Hoffner, which…