Palo Verde Management & Financial Services Co. v. Nash (In Re Nash)

SIDNEY C. VOLINN, Bankruptcy Judge,

dissenting:

I respectfully dissent.

I

The facts stated by the majority are correct. However, there are inferences to be drawn from the condition of the parties which may provide a different perspective. Nash, who did business as Ware Properties, Inc., was a person of long and varied experience in dealing with real estate and the financing thereof. Mrs. Ward lived in a modest home worth about $36,000. She owed Utah Mortgage Co., on a first mortgage, some $14,000 and was delinquent in several house payments of $135.00 per month. She concluded that she would sell…