McClatchey v. Altegra Credit Co. (In Re Carte)

ORDER GRANTING MOTION OF THE PLAINTIFF FOR PARTIAL SUMMARY JUDGMENT AND DENYING MOTION FOR SUMMARY JUDGMENT OF THE DEFENDANT

CHARLES M. CALDWELL, Bankruptcy Judge.

On June 22, 2001, the above-captioned Debtors filed bankruptcy under chapter 7 of the United States Bankruptcy Code (“Code”). A Second Amended Complaint to Avoid Mortgage was filed by the chapter 7 Trustee, Larry J. McClatchey (“Plaintiff’) on July 11, 2002. The Plaintiff seeks to avoid a mortgage between the Debtors and Altegra Credit Company, As-signee of the CIT Group/Consumer Finance, Inc. (“Defendant”) that was executed on…