Crumrine

Memorandum of Decision

There are no disputed facts in this case. Defendants Michael and Patricia Blum are *670 the parents of debtor Julie Crumrine. Prior to the Crumrines’ bankruptcy filing, the Blums had sued the Crumrines in state court and recorded a Us pendens against the Crumrines’ home, alleging that money wrongfully taken from them had been used to buy the home. In a decision which was not final at the time of the bankruptcy filing, the state court had ruled that the home had not been purchased with the Blums’ money but that $32,000.00 in mortgage payments had been made with their money.

The bankruptcy was originally filed as a Chapter 7 and subsequently converted to Chapter 13. In actions fully documented in a separate adversary proceeding, the Blums elected to ignore the Chapter 13 proceedings. Despite full notice and actual knowledge of the conversion and confirmation of a plan, the Blums took no action to contest the plan until after it was too late to set it aside.

This adversary proceeding centers around the lis pendens recorded by the Blums against the Crumrines’ home. The Crumrines allege that the lis pendens was improperly recorded, and must be expunged. They…