Stephenson v. First Union National Bank (In Re Berry)

MEMORANDUM AND ORDER

J. BRATTON DAVIS, Chief Judge.

This adversary proceeding 1 was commenced by the trustee, Wm. Keenan Stephenson (the “Trustee”), and the debtor, David C. Berry (“Berry”), (1) to determine the validity or extent of a hen or interest in property, and (2) to avoid, pursuant to 11 U.S.C. § 544 2 & 3 , the debtor’s transfer of an interest in property of the debtor to the defendant.

JURISDICTION

The adversary proceeding arises out of and relates to Berry’s Chapter 13 case filed under the United States Bankruptcy Code. (11 U.S.C. § 101 et seq.) It is a core proceeding, 28 U.S.C. §…