Legal Opinion
In Re Polley
United States Bankruptcy Court, W.D. Kentucky
Decided March 2, 1998No. 19-50144PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM
DAVID T. STOSBERG, Bankruptcy Judge.
This matter is before the Court on the Trustee’s objection to certain claims of First Kentucky Bank (“FKB”). Trustee sold the debtors’ principal residence for $75,000 and paid in full the first mortgage lien of FKB on the property. Trustee is currently holding the remaining funds from the sale in the sum of $9,801.37. FKB asserts various secured claims, totaling $20,796.52, against this balance based on a future advance clause in the original mortgage executed with the purchase of the debtors’ residence on May 20, 1995.
The parties briefed this…
2Cases cited4 opinions
- ITT Industrial Credit Co. v. Union Bank & Trust Co.Court of Appeals of Kentucky · 1981
- Citizens Fidelity Bank & Trust Co. v. Blieden (In Re Blieden)United States Bankruptcy Court, W.D. Kentucky · 1985
- Bank of Maysville v. BrockCourt of Appeals of Kentucky · 1964
- First National Bank of Grayson v. Citizens Deposit Bank & BankCourt of Appeals of Kentucky · 1987
3Cited by3 opinions
- Call Federal Credit Union v. Sweeney (In Re Sweeney)United States Bankruptcy Court, W.D. Kentucky · 2001
- Howard v. Whitesville Credit Union (In Re Howard)United States Bankruptcy Court, W.D. Kentucky · 2004
- In Re ShemwellUnited States Bankruptcy Court, W.D. Kentucky · 2007