Lancaster v. Key (In Re Easterly)

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The defendants in this adversary proceeding, on August 17, 1979, purchased real property from the debtors. Defendants failed to record their deed, however, until August 29, 1980, some one and one-half months after the debtors filed a bankruptcy petition. 11 U.S.C. § 302. The trustee now asserts, as of the date of bankruptcy, legal title and lien creditor status superior to the rights of defendants. 11 U.S.C. § 544. The pertinent facts are not in dispute and may be summarized.

I

Defendants are husband and wife, having been married for a number of years.…