Daff
Daff v. Wallace (In re Cass)
Opinion
Lead Opinion
Kwan, J.
MEMORANDUM DECISION RE ADVERSARY COMPLAINT AND COUNTERCLAIM
This adversary proceeding came on for trial before the undersigned United States Bankruptcy Judge on April 6, 2012. D. Edward Hays, of the law firm of Marshack Hays LLP, appeared for plaintiff and counterclaim-defendant Charles W. Daff, Chapter 7 Trustee of the bankruptcy estate of Catherine Cass. David B. Dimitruk, Attorney at Law, appeared for defendants and counterclaimants James Wallace, Rebecca Wallace and Gloria Suess.
Debtor Catherine Cass (“the Debtor”) filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C., on January 5, 2007, which commenced this bankruptcy case. 1 Charles Daff is the Chapter 7 Trustee of Debtor’s bankruptcy estate in this case (“Trustee”). In this adversary proceeding, 2 Trustee seeks declaratory relief regarding the validity, priority, and extent of the judgment lien alleged against the estate held by Defendants James and Rebecca Wallace, and Gloria Suess (“Defendants”). Defendants are judgment creditors of the Debt- or. Trustee also seeks avoidance, recovery, and preservation of any lien arising in favor of Defendants upon this court’s entry of a judgment in…