Posey v. Kinkaid (In Re Kinkaid)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BARBARA J. HOUSER, Bankruptcy Judge.

In this adversary proceeding plaintiff objects to (i) the dischargeability of her debt, and (ii) debtor receiving a discharge in the underlying bankruptcy case. Moreover, plaintiff seeks a determination that her lien on certain real property owned by debtor is the first lien on the property. Alternatively, to the extent that the Court concludes that defendants’ lien on that real property is the senior lien, plaintiff seeks to have defendants’ lien subordinated to her lien pursuant to § 510(c) of the Bankruptcy Code.

The…