Mercantile Bank & Trust Co. v. Eppinger (In Re Eppinger)

FINDING OF FACTS, CONCLUSIONS OF LAW AND ORDER DISALLOWING CLAIMANT’S CLAIM

DENNIS J. STEWART, Bankruptcy Judge.

At issue in this controversy is the enforceability of guarantee agreements which the debtor is alleged to have executed in favor of the claimant and on which a balance is now due of such magnitude that its enforcement in this chapter 13 case would render the debtor’s chapter 13 plan impossible and infeasible. 1 The matter came on before the bankruptcy court for hearing on August 15, 1985, whereupon the claimant appeared by counsel, Bruce E. Strauss, Esquire, and the debtor appeared…