Thacker v. United Companies Lending Corp. (In Re Thacker)

MEMORANDUM-OPINION

J. WENDELL ROBERTS, Bankruptcy Judge.

This Adversary Proceeding was brought by the Debtors, Joe and Elizabeth Ann Thacker (“Debtors” or “Thackers”), for the purpose of setting aside a mortgage they consensually placed on their property to secure a debt owed to Defendant, United Companies Lending Corporation (“Defendant/Creditor”). The Thackers, who filed their bankruptcy action under Chapter 13, assert their cause of action under the strong-arm powers granted to trustees by 11 U.S.C. § 544(a). In support of their cause of action, the Thackers cite two defects in the Mortgage.

T…