Legal Opinion
In re Bland
United States Bankruptcy Court, D. Kansas
Decided December 16, 1992No. Bankruptcy No. 92-11823-12PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
JOHN T. FLANNAGAN, Bankruptcy Judge.
The Farm Credit Bank of Wichita (the “Bank”) obtained judgment of foreclosure against Verlin Eugene Bland, the family farm debtor in this case, but did not conduct a sale of the land before the debtor filed his petition for Chapter 12 relief. The question is whether the doctrine of merger (of the mortgage into the judgment) as expressed in In re McKinney, 84 B.R. 748 (Bkrtcy.D.Kan.1987), appeal dismissed, 84 B.R. 751 (D.Kan.1988), prevents the debt- or’s plan of rehabilitation from restructuring the Farm Credit Bank’s judgment debt.
Procedur…
2Cases cited4 opinions
- J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
- In Re Wayne D. And Annie M. Thompson, Debtors-Appellees. Jim Walter Homes, Inc., Creditor-Appellant v. Ann Spears, Trustee-AppelleeCourt of Appeals for the Tenth Circuit · 1990
- In Re McKinneyDistrict Court, D. Kansas · 1988
- In Re McKinneyUnited States Bankruptcy Court, D. Kansas · 1987
3Cited by1 opinion
- In Re ShoenUnited States Bankruptcy Court, D. Arizona · 1996