Smith v. American Consumer Finance Corp. (In Re Smith)

MEMORANDUM DECISION

GEORGE L. PROCTOR, Bankruptcy Judge.

The homestead of plaintiff GEORGIA MAE SMITH was sold on June 5, 1981, at a Sheriff’s Sale to defendant JOAN THOMPSON pursuant to a Writ of Execution issued by defendant AMERICAN CONSUMER FINANCE CORPORATION (hereinafter AMERICAN CONSUMER). Plaintiff subsequently filed a Voluntary Petition under Chapter 7 of the Bankruptcy Code on July 31,1981. She then filed this adversarial complaint in the bankruptcy proceeding against AMERICAN CONSUMER, JOAN THOMPSON and JAX-AM, INC., pursuant to § 522(h) of the Bankruptcy Code, 11 U.S.C. § 522(h) 1…