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IN RE STRATTON

Bankruptcy No. 179-00097(C), Adv. No. 180-0002.

23 B.R. 284 (1982)

In re Charles Wayne STRATTON, d/b/a Coleman's Home Furnishings, Redfield, SD, and Sandra Elaine Stratton, Debtors. Charles Wayne STRATTON and Sandra Elaine Stratton, Appellees, v. SIOUX FALLS PAINT AND GLASS, a corporation, and Register of Deeds of Spink County, South Dakota, Appellants.

United States District Court, D. South Dakota.

September 30, 1982.

Attorney(s) appearing for the Case

J. Bruce Blake, Sioux Falls, S.D., for plaintiffs-debtors.

John C. Quaintance, Quaintance & Swanson, Sioux Falls, S.D., for defendant-appellant Sioux Falls Paint & Glass Co.

Richard H. Battey, State's Atty., Spink County, Redfield, S.D., for appellant Register of Deeds of Spink County, South Dakota.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

Sioux Falls Paint and Glass, Inc., Creditor, appeals the decision of the Bankruptcy Court which held a second mortgage on a homestead was voidable as a fraudulent transfer under 11 U.S.C. § 548(a)(1). The Bankruptcy Court found that Charles Wayne Stratton and Sandra Elaine Stratton, Debtors, husband and wife, executed and delivered the second mortgage to creditor within one year of filing their petition...

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