In Re: EDWARD L. MABBOTT, SR., and RENA A. MABBOTT, Debtors. GREGORY K. CREWS, as Chapter 7 Trustee, Plaintiff, vs. MARGARET P. BRANNON, Defendant., 255 B.R. 787

Summary

Two bankruptcy debtors listed defendant as having a mortgage interest in a piece of real property they owned. Defendant had loaned money to the debtors for improvements, but had not perfected her interest in any manner. Plaintiff Chapter 7 trustee sought to avoid defendant's interest. Plaintiff filed a motion for judgment on the pleadings pursuant to Fed. R. Bankr. P. 7012. In his motion, plaintiff demonstrated the land was property of the estate and that he had no notice of any interest of defendant in the property. Thereafter, the burden shifted to the defendant to summarily refute one of plaintiff's allegations. Defendant failed to meet her burden as she did not deny plaintiff's factual allegations or allege a legally viable defense in her response. Therefore, plaintiff was entitled to a judgment avoiding any interest of defendant in the property without further proceedings.