Merv Properties, L.L.C. v. Forcht Bancorp, Inc. (In re Merv Properties, L.L.C.)

*521OPINION

C. KATHRYN PRESTON, Chief Bankruptcy Appellate Panel Judge.

OVERVIEW

MERV Properties, L.L.C. (“MERV”), is a limited liability company formed by four persons for the purpose of purchasing and operating an antique mall. MERV encountered difficulties paying its mortgage loan with Forcht Bancorp (the “Bank”) and entered into a forbearance agreement with the Bank. Sometime after the forbearance agreement was executed, MERV defaulted, and eventually filed a petition for relief under chapter 11 of the Bankruptcy Code. Although a plan of reorganization was confirmed, MERV again defaulted on the…