IN RE CLARK

Bankruptcy No. 07-30330. Adversary No. 07-3032.

384 B.R. 563 (2008)

In re Loretta Susanne CLARK, Debtor. Norman E. Rouse, Trustee, Plaintiff, v. Washington Mutual Bank, F.A., and Loretta Susanne Clark, Defendants.

United States Bankruptcy Court, W.D. Missouri.

February 26, 2008.


Attorney(s) appearing for the Case

Norman E. Rouse, Joplin, MO, pro se.

Steven M. Leigh, Kansas City, MO, Chris L. Weber, Monett, MO, for Defendants.


MEMORANDUM ORDER

JERRY W. VENTERS, Bankruptcy Judge.

The issue presented by this adversary proceeding is: Can a married woman, residing separately from her husband, grant a valid deed of trust to a creditor on her separate property without the joinder or express consent of her husband?

The Trustee contends that under Missouri law she cannot. Specifically, he argues that the deed of trust the Debtor granted to Defendant Washington Mutual Bank...

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