Belfance v. Hicks (In Re Hicks)

FINDING SUSTAINING OBJECTIONS TO EXEMPTION CLAIM

HAROLD F. WHITE, Bankruptcy Judge.

The Trustee, Kathryn Belfance, filed an objection to the debtor’s claim of a $5,000.00 homestead in which he asserts as an exemption a promissory note executed on September 17, 1979 in the amount of $14,000.00. To secure payment of said note, a mortgage deed was executed to the debtor by Joanne Hicks. The mortgage deed was duly recorded on October 18, 1979.

The debtor opposed the Trustee’s objection and the matter was submitted to the Court based upon the pleadings and stipulation as filed.

FINDING

1. Oris Melvin…