Loux v. Gabelhart (In Re Carriage House, Inc.)

MEMORANDUM OF DECISION ON PROPERTY OF ESTATE

FRANCIS G. CONRAD, Bankruptcy Judge.

Trustee and Gabelharts seek a determination 1 that a Declaration of Trust executed by James Gabelhart, trustee, is invalid and its property declared part of Gabel-harts’ personal bankruptcy estate. Trustee and Gabelharts also seek to enforce a discharge of a mortgage on the property by extending a discharge of an assignment of that mortgage to include the mortgage itself. They also seek to prevent Bank’s post-petition attempt to correct this alleged defect through the application of a bona fide purchaser for value…