Still v. Garretson (In Re Garretson)

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

This cause of action involves a certificate of deposit issued to “Mr. or Mrs. E. R. Garretson” in the principal amount of $16,-000.00 and drawing interest at an annual rate of 9.55%. The certificate was issued on January 10, 1979. About nine months later Mr. Garretson, but not Mrs. Garretson, filed a petition in bankruptcy. The trustee of his bankruptcy estate has laid claim to the certificate. He brought this cause of action against Mr. and Mrs. Garretson and the bank to recover all or part of the deposit represented by the certificate.

The…