- 11 U.S.C.
Ag Venture Fin. Servs. v. Montagne (In re Montagne)
Nov
13
2009
Ruling
Creditor's proof of claim was properly filed and was allowed over objection of chapter 12 trustee.
Procedural posture
Plaintiff creditor filed a complaint related to a promissory note for $ 882,000 that it had entered into with defendants debtor and his wife. Debtor moved to dismiss the creditor's cause of action on the note. Debtor also requested that the court order the creditor to disgorge all loan payments it had received on the note. The chapter 12 trustee joined in the dismissal motion and objected to the creditor's amended proof of claim.
ABI Membership is required to access the full summary of Ag Venture Fin. Servs. v. Montagne (In re Montagne) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: