Waldschmidt v. Shelton (In Re Shelton)

MEMORANDUM

JOHN T. NIXON, District Judge.

This adversary proceeding was initiated by the trustee Robert H. Waldschmidt to set aside several alleged fraudulent conveyances by the debtor Harold L. Shelton and his wife Ruby J. Shelton pursuant to 11 U.S.C. § 544(b) and to sell the properties recovered free and clear of all liens under 11 U.S.C. § 363. 1 This matter is now before the court on the cross motions for summary judgment filed by each party pursuant to Federal Rule of Civil Procedure 56 as made applicable in bankruptcy proceed ings by Bankruptcy Rule 756. Upon consideration of the…