Rodriguez v. Countrywide Home Loans, Inc. (In Re Rodriguez)

MEMORANDUM OF DECISION

J. PHILIP KLINGEBERGER, Bankruptcy Judge.

This adversary proceeding was initiated by a complaint filed by Christine Marie Rodriguez (“Rodriguez”) on February 18, 2008. 1 The focus of the complaint is Rodriguez’s assertion that a mortgage granted by Rodriguez and her non-debtor spouse to Countrywide Home Loans, Inc. (“Countrywide”) is avoidable by her utilization of the “strong arm” powers of the Chapter 13 Trustee. The defendant Countrywide of course opposes Rodriguez’s contentions.

I. STATUS OF THE RECORD

Rodriguez initiated her Chapter 13 ease by the filing of a petition…