Underwood v. Kensington Mortgage & Finance Co. (In Re Tuders)

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

L. CHANDLER WATSON, Jr., Bankruptcy Judge.

The above-styled adversary proceeding is before the Court on the trustee’s complaint to avoid the interest of the defendant, Kensington Mortgage and Finance Company (Kensington), in and to certain property of the debtors, pursuant to 11 U.S.C. § 544. The parties filed cross-motions for summary judgment which came before the Court for a hearing on May 26, 1987. The relevant facts are undisputed and are as follows:

1. On January 19, 1983, the debtors, Randy and Teresa Tuders,…