IN RE DAVIS
IN RE DAVIS
In re: Charles L. Davis, Debtor.
LeRoi C. Johnson, Plaintiff,
v.
Charles L. Davis, Defendant.
Case No. 01-11678 K, AP No. 01-1224 K.
United States Bankruptcy Court, W.D. New York.
May 12, 2010.
LeRoi C. Johnson, Esq., Buffalo, NY, Plaintiff, pro se.
Denis A. Kitchen, Jr., Esq., Williamsville, NY, Attorney for Debtor/Defendant.
DECISION AFTER TRIAL WITH OPINION AND ORDERMICHAEL J. KAPLAN, Bankruptcy Judge
This is a dischargeability dispute arising out of a personal transaction between two attorneys. The following constitutes the Court's Rule 52 Findings of Fact, Conclusions of Law, and Decision.
FINDINGS OF FACT1. The Plaintiff and the Defendant were attorneys practicing independently from each other for many years, and seemingly were friends.
2. In 1992, the Plaintiff sold his home to the Debtor for approximately $366,000. However, there was an existing mortgage on the property of approximately $53,000, which was deducted from the purchase price at closing, but not paid at that time.
