IN MATTER OF CARTER (Bankr.N.D.Ga. 2005)


IN THE MATTER OF: DALE M. CARTER and ELIZABETH ANN CARTER, IN PROCEEDINGS UNDER CHAPTER 7 OF THE BANKRUPTCY CODE, Debtors. DAMIAO X. PARRAS, Plaintiff v. DALE M. CARTER, Defendant.

Case Number: A94-65503-PWB, Adversary Proceeding No. 94-6388.United States Bankruptcy Court, N.D. Georgia, Atlanta Division.
February 3, 2005

ORDER DISMISSING PLAINTIFF’S RESPONSE TO NORWEST BANK MINNESOTA, N.A.’S RESPONSE AND COMPLAINT ON CLAIM FOR DEBT AND TO SET ASIDE FRAUDULENT CONVEYANCE
PAUL BONAPFEL, Bankruptcy Judge

On January 24, 2005, Plaintiff filed a “Response to Norwest Bank Minnesota, N.A.’s Response and Answer to Plaintiff’s `Request for Order of Execution of Judgment to Third Party’ and Complaint on Claim for Debt and Set to Aside [sic] Fraudulent Conveyance.” On January 27, 2005, this Court entered an Order denying Plaintiff’s Request for Order of Execution of Judgment to Third Party. Accordingly, Plaintiff’s Response is moot.

In addition, Plaintiff seeks to set aside an alleged fraudulent conveyance from the Defendant to Norwest Bank Minnesota, N.A. as Trustee (“Norwest”) made, according to Plaintiff, for the purpose of defrauding Plaintiff and hindering and delaying the collection of the indebtedness. As the Court stated in its January 27, 2005 Order, any issues related to collection of his judgment are issues to be addressed by non-bankruptcy law in a non-bankruptcy forum.

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Whether Plaintiff has any claim against Norwest is not a matter to be determined by this Court. Therefore, it is

ORDERED that Plaintiff’s “Response to Norwest Bank Minnesota, N.A.’s Response and Answer to Plaintiff’s `Request for Order of Execution of Judgment to Third Party’ and Complaint on Claim for Debt and Set to Aside [sic] Fraudulent Conveyance” is DENIED.

The Clerk is directed to serve copies of this Order on the persons on the attached Distribution List.