Shaw v. Farmers Deposit Bank (In re Shaw)
Apr
09
2012
Ruling
Farm was property of the estate where bank refused deed in lieu of foreclosure.
Procedural posture
Plaintiff chapter 12 debtors filed an adversary proceeding against defendant bank, seeking a termination that they were entitled under 11 U.S.C.S. § 544(a) to avoid provisions of a settlement agreement they entered with the bank and a deed in lieu of foreclosure which they signed. The bank filed a motion to dismiss, and the parties agreed to treat that motion as a motion for summary judgment. The debtors filed a cross-motion for summary judgment.
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Court
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