Kotter v. First State Bank of Beardstown (In Re Kotter)

DECISION

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

This matter came on to be heard on the debtors’ Petition for Reimbursement under Section 506(c) of the Bankruptcy Code.

The only disputed facts are those associated with the issue of whether the respondent, the First State Bank of Beardstown (the “Bank”), consented to the debtors continuing their hog raising operation. The Bank was a secured creditor of the debtors and had filed a state court action to replev-in its collateral, which included the debtors’ hog herd. On December 21,1984, the state court entered an order of replevin directing the…