In re Smith

OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether a foreclosure action filed against a creditor of the Debtors violated the automatic stay of 11 U.S.C. § 362(a)(1) and (3).

The Debtors, Edward and Helen Smith, filed a petition pursuant to Chapter 12 of the Bankruptcy Code on March 21, 1995. In their schedule of Unexpired Leases, the Debtors listed a 60/40 crop share agreement with Helen Gorham. The Debtors also listed Helen Gorham as a creditor with an unsecured claim of $50,000.00. The Mercantile Bank of Illinois, formerly known as Wedge Bank, was listed as a…