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IN RE PIPER
STEPHEN MITCHELL, Bankruptcy Judge
A trial was held in open court without a jury on May 11, 2006. The plaintiff was present by counsel. The defendants were present in person and were represented by counsel.
Upon consideration of the pleadings, testimony, exhibits, and argument of counsel, and for the reasons stated in this memorandum opinion filed with this judgment, it is
ADJUDGED, ORDERED, AND DECREED:
1. Judgment is entered for the defendants on Count I, and Count I is dismissed with prejudice.
2. Judgment is entered for the plaintiff on Count II determining and declaring the transfer from Nelda Sharon Piper to Nelda Sharon Piper and John Clifton Gallahan, as tenants by the entirety, of that certain lot or parcel of land situate in Loudoun County, Virginia, and more particularly described as
Lot 2, Division of HARRINGTON, containing 3.0000 acres, more or less, in accordance with that certain plan drawn by Chamberlin, Wolford Chen, C.L.S., dated March 31, 1988, and recorded July 22, 1988, in Deed Book 999 at Page 722, among the land records of Loudoun County, Virginia,
by deed dated June 20, 2003, and recorded on June 24, 2003, in the clerk's office of the Circuit Court of Loudoun County, Virginia, is void as to the creditors of Nelda Sharon Piper holding allowed claims in the chapter 7 bankruptcy case commenced by her on July 19, 2004, in the United States Bankruptcy Court for the Eastern District of Virginia. However, any proceeds from the sale of the property in excess of the amount needed to pay allowed claims and administrative expenses in such bankruptcy case shall continue to be held by the said Nelda Sharon Piper and John Clifton Gallahan as tenants by the entirety.
3. Title to the foregoing property is hereby vested in Donald F. King, trustee of the bankruptcy estate of Nelda Sharon Piper, subject to all recorded deeds of trust and other liens of record that existed as of July 19, 2004.
4. The clerk shall mail a copy of the memorandum opinion and this judgment, or give electronic notice of their filing, to counsel for the parties.
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