Behles v. Ellermeyer (In Re Lucas)

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on trustee’s Motion for Summary Judgment on the trustee’s Complaint for Turnover of Property. Having considered the arguments of counsel, case law, memorandum of law and stipulated facts submitted by the parties, and being otherwise fully informed and advised, the Court issues this memorandum opinion.

FINDINGS OF FACT

The facts are not in dispute and are set forth below:

1. Defendants sued debtor on March 2, 1987, in New Mexico state court, cause No. CV-87-01398, for fraud and declaratory judgment;

2.…