Berdick v. Coester (In re Coester)

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This adversary proceeding in a case filed prior to the effective date of the new Bankruptcy Code, came to trial on the first count of the complaint of Kenneth A. Berdick. Plaintiff objects to the discharge of the *690bankrupt, Donald F. Coester, because of a mortgage given by the bankrupt to his wife on his interest in a house held by the two as a tenancy by the entirety. Plaintiff contends that defendant thereby intentionally divested himself of his property, in fraud of his creditors. While the complaint does not clearly set forth this…