Marshall v. Aubuchon (In Re Marshall)

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

At issue in these cases is whether the debtors may avoid the landlord’s hens of the defendants, all of whom leased real estate to the debtors for agricultural purposes.

The facts are not in dispute. Prior to filing their Chapter 12 bankruptcy petition, the debtors, Michael and Anne Marshall, entered into several farm leases. Three of the leases (Aubuchon, Ruyle, McEvers leases) were written agreements that contained a provision for a landlord’s hen on the debtors’ crops to secure the payment of rent. Another of the leases (Huff lease) was in writing…