Stratton v. Sioux Falls Paint & Glass (In Re Stratton)

PEDER K. ECKER, Bankruptcy Judge.

This matter is before the Court on a Complaint filed by the above Chapter 13 Debtors against Sioux Falls Paint and Glass, hereinafter Creditor, to avoid the mortgage taken by Creditor on Debtors’ homestead property on January 10, 1979, as a fraudulent transfer.

FACTS

Charles Stratton has been doing business in Redfield, South Dakota, for the last three years as the sole proprietor of the business known as Coleman’s Home Furnishings. Sandra is a housewife with three minor children at home. Sandra, other than being Charles’ wife, has no financial, managerial, or…