Drake v. Bank of Troy (In Re Rudd)

MEMORANDUM OPINION AND ORDER

WILLIAM B. LEFFLER, Bankruptcy Judge.

The debtor in this Chapter 7 case has filed a Complaint on behalf of the trustee requesting that the Court avoid the mortgage of the Bank of Troy (“bank”) on the debtor’s real property except to the extent of $10,000.00. The debtor and the trustee also filed an objection to the secured claim of the bank and request that the bank’s security interest in the debtor’s real property be limited to $10,000.00. The bank filed an Answer to the above-mentioned Complaint on December 29, 1982.

An Order was entered on February 23, 1983,…