Bloomquist v. First National Bank of Elk River

OPINION

FOLEY, Judge.

Debtor, Martin Blomquist, appeals from a summary judgment and a deficiency judgment for creditor, First National Bank of Elk River. Debtor sued the bank asserting, inter alia, that the bank committed a breach of the peace when it repossessed collateral from the debtor’s locked business without his consent. Debtor was unsuccessful in obtaining an injunction to enjoin the bank's sale of the collateral and the sale occurred before an appeal could be heard. The bank moved for summary judgment on the debtor’s claims and sought a deficiency judgment on the notes arguing it had a…