Lancaster v. Hurst (In Re Hurst)

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

This case presents a contest between the debtor’s former wife, who claims a possesso-ry interest in certain residential property under the provisions of an unrecorded final decree of divorce, and the trustee in bankruptcy. The plaintiff trustee contends the property occupied by the defendant is owned by the debtor husband and requests the court to determine whether the defendant has any rights in the property. The trustee also requests a money judgment against the defendant for a fair rental value of the disputed property. The defendant admits the…