Jones v. Atchison (In Re Atchison)

MEMORANDUM AND ORDER

KENNETH J. MEYERS, Bankruptcy Judge.

Count II of the trustee’s second amended complaint alleges that on April 16, 1987, less than three months before filing of debtors’ bankruptcy petition, debtor Anola Atchison executed a disclaimer of inheritance of property given to her under the will of her deceased father. As a result of this disclaimer the property passed to debt- or’s children, defendants Darrell Keith At-chison and Debra Bedard. On July 8, 1987, debtor and her husband filed a joint petition in bankruptcy under Chapter 7.

The trustee seeks to avoid debtor's…