LaRoche v. Tarpley (In Re Tarpley)

ORDER

PAUL E. JENNINGS, Bankruptcy Judge.

This matter is before the court upon motion of the Defendant Loughry as Trustee for Murfreesboro Bank and Trust to dismiss the above styled litigation. The following shall constitute findings of fact and conclusions of law pursuant to F.R.B.P. 752.

Carter Clemen Tarpley filed bankruptcy on February 16, 1979. On his schedule he listed a transfer to Murfreesboro Bank and Trust (hereinafter Bank) “in June of 1978 to cover unsecured notes in the amount of $45,500.00.” The transfer was the conveyance of a deed of trust to the residence of the bankrupt, a…