Legal Opinion

Benson v. Empire State Bank

Court of Appeals of Minnesota

Decided May 3, 1994No. C8-93-2045PublishedCited by 2 opinions

1Opinion of the Court

OPINION

AMUNDSON, Judge.

Appellants Robert and Charlette Benson argue that the district court erred by (1) allowing the bank to reinstate the original mortgage amount after they defaulted on the Chapter 12 bankruptcy plan; (2) finding that the mortgagee had provided a sufficient accounting of payments made by the debtor under the Chapter 12 bankruptcy plan; and (3) permitting attorney fees beyond those allowed under Minnesota foreclosure law. We affirm.

FACTS

The Bensons farmed in rural Yellow Medicine County for “virtually all of their adult lives.” In June 1986, the Bensons executed a…

2Cases cited11 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Northern States Power Co. v. Lyon Food Products, Inc.Supreme Court of Minnesota · 1975
  3. In Re RottUnited States Bankruptcy Court, D. North Dakota · 1987
  4. Gjovik v. StropeSupreme Court of Minnesota · 1987
  5. In Re LembkeUnited States Bankruptcy Court, D. North Dakota · 1988

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3Cited by2 opinions

  1. Mercer Savings Bank v. FullenkampOhio Court of Appeals · 1996
  2. Hoffman Farms v. Pokela (In Re Hoffman Farms)District Court, D. South Dakota · 1996

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