Prudential Development Co. Pension Plan Trust v. Rebector (In re Lucille Rebector)

OPINION AND ORDER CONCERNING APPEAL OF SUMMARY JUDGMENT ISSUED BY BANKRUPTCY COURT

BIERY, District Judge.

Appellant/defendant Prudential Development Co. Pension Plan Trust (Prudential) appeals from an order of the bankruptcy court signed December 14, 1995. The bankruptcy court granted summary judgment for appellee/plaintiff Lucille Rebector, found the hen executed by the Rebector invalid and void, and assessed a $4,000 penalty against Prudential for violation of the Texas Consumer Credit Code and $5,000 as attorney’s fees.1 For the following reasons, this Court finds the judgment should be…