Doyle v. Williams (In Re Nicholson)

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

This case was commenced on August 26, 1987, by the filing of a voluntary petition in Chapter 7. On November 20, 1987, the bankruptcy trustee commenced an Adversary Proceeding pursuant to 11 U.S.C. § 542 for an Order requiring the Defendant to turnover one half the surplus proceeds from a sale of the Debtor’s erstwhile marital residence. The Defendant filed an answer timely, but neither party submitted a brief. The parties have stipulated to facts, a summary of which follows.

On November 18, 1980, the Debtor and his spouse recorded a deed…