Legal Opinion
Armstrong v. United States Ex Rel. Farmers Home Administration (In Re Neideffer)
United States Bankruptcy Court, D. North Dakota
Decided November 3, 1988No. 19-30126PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WILLIAM A. HILL, Bankruptcy Judge.
Before the court is a motion for judgment on the pleadings filed by the defendant, Farmers Home Administration (FmHA), filed October 18, 1988. The plaintiff/trustee resists the motion arguing there yet remain unresolved questions of fact.
The trustee, by complaint filed September 26, 1988, seeks avoidance under section 506(d) of the FmHA’s second mortgage in real property being sold the Debtor on a contract for deed — land which, by virtue of a post-petition lease, has generated land rents of $8,000.00 which is in dispute. The FmHA claims…
2Cases cited10 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
- United States v. Raymond A. Porter, Virginia R. Porter and Clifford B. SmithCourt of Appeals for the Eighth Circuit · 1978
- Emmet WINDSOR, Appellant, v. BETHESDA GENERAL HOSPITAL and Servicemaster Hospital Corporation, AppelleesCourt of Appeals for the Eighth Circuit · 1975
- Michael Mandel v. United States of America and Insurance Company of North AmericaCourt of Appeals for the Eighth Circuit · 1983
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3Cited by4 opinions
- In the Matter Of: Thomas Shannon Millette, Debtor. O'Neal Steel, Incorporated, Appellant-Cross-Appellee v. E B Incorporated, Appellee-Cross-AppellantCourt of Appeals for the Fifth Circuit · 1999
- Logan v. Consumer Credit Counseling Service of Central Ohio, Inc. (In Re Lee)United States Bankruptcy Court, S.D. Ohio · 1991
- In re Vernon-Linden AssociatesUnited States Bankruptcy Court, C.D. Illinois · 1990
- O'Neal Steel Inc v. MilletteCourt of Appeals for the Fifth Circuit · 1999