Federman v. Garten (In Re Garten)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT FOR PLAINTIFF

DENNIS J. STEWART, Bankruptcy Judge.

The plaintiff trustee in bankruptcy seeks recovery of certain real estate located in Putnam County, Missouri, on the ground that it is property of the debtors which, by operation of section 541 of the Bankruptcy Code, became property of the bankruptcy estate as of the date of bankruptcy. The defendants, in responding to the complaint, resist turning over the property to the estate on the ground that the property rights involved have not vested in them as of the date of bankruptcy. The…