UNITE EASTERN DISTRICT OF KENTUCKY FRANKFORT DIVISION |
IN RE:
BRIAN D. PATTON and CASE
NO. 05-30605
JENNIFER L.
PATTON
DEBTORS CHAPTER
7
JAMES W. GARDNER, TRUSTEE PLAINTIFF
For the
Bankruptcy Estate of Brian D. Patton
and Jennifer L.
Patton
VS. ADVERSARY
NO. 05-3037
CHASE HOME FINANCE, LLC DEFENDANT
ORDER AND JUDGMENT
Pursuant to the Memorandum Opinion entered
this date, the court being otherwise sufficiently advised, HEREBY ORDERS AND
ADJUDGES as follows:
1. The
motion for summary judgment of the Plaintiff James W. Gardner, Trustee for the
Bankruptcy Estate of Brian D. Patton and Jennifer L. Patton (Doc. # 10) is OVERRULED.
2.
The motion for summary judgment of the Defendant Chase Home Finance, LLC
(Doc. #8) is SUSTAINED and the Trustee shall not be entitled to avoid
the prior equitable interest of the Defendant in the Debtors’ real property
located at 1825 Jonesville Road, KY #35, Owenton, Kentucky.
3.
Each party shall bear their own costs, expenses and attorneys fees.
This is a final and appealable Order and
Judgment and there is no just cause for delay.
Copies to:
James W. Gardner,
Esq.
Brandy F. Baird,
Esq.
Kimberly D. Ross,
Esq.
Shannon Egan. Esq.