Walker v. Goodwin (In Re Meadows)

MEMORANDUM OPINION

G. WILLIAM BROWN, Bankruptcy Judge.

The trustee in bankruptcy commenced this adversary proceeding by filing a complaint on March 10, 1983 objecting to creditor’s tendered proof of claim alleging secured status in property of debtors’ estate. The issue of whether creditor’s claim is secured and prior to trustee’s hypothetical lien asserted pursuant to 11 U.S.C. § 544 was submitted for judicial determination by memoranda of law filed by counsel for parties herein. The following facts found by this Court were not in dispute.

FINDINGS OF FACT

On or about December, 1981, creditor…