Case Summary:
Creditor filed an adversary proceeding against Debtor alleging that he was the sole owner to a piece of property the Debtor listed as “jointly owned” in his schedules. Despite what was listed on the Debtor’s schedules, Debtor responded by alleging creditor was merely a lienholder on the property. Both parties asked the Court for a declaratory judgment determining who owned the Property. Further, each party believed that they were a 100 percent owner of the Property and asked the Court to order the property be put in either party’s name alone. As a preliminary matter, the Court held that a just disposition of the case would be best achieved by considering the Debtor’s late-filed answer to the Complaint. The Court found that deciding dispositive issues against a party because of a delay in responding to requests to admit where the defendant was an elderly, ill, and unrepresented party does not strike a balance between the diligence in litigation and the interest of justice. Rather, justice was best served by deeming proffered facts not admitted and considering the Debtor’s responses. Additionally, Plaintiff did not assert how the delay would prejudice his litigation of the case. Turning to the merits of the cross-motions for summary judgment, the Court found that the warranty deed was clear that both parties were joint tenants on the property and that there was no genuine issue of material fact about the issue of which party owns the property. Therefore, the Court granted the motion and cross-motion for summary judgment to the extent that each party requested a declaratory judgment of who owned the property, holding that the parties jointly owned the property. The Court, however, denied both the motion and cross-motion for summary judgment to the extent that the parties asked the Court to determine either party was a 100 percent owner of the property and that the Court order the property be put in either party’s name alone.

Statute/Rule References:
11 U.S.C. § 541 -- Property of the Estate

Key Terms:
Joint Tenancy