Brown v. Traders National Bank (In Re Spears)

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

This is a dispute over a herd of hogs and 448 acres of land. The court will deal first with the claims to the hog herd since all the parties assert claims to the hogs.

Part I

The debtors, Dick and Barbara Spears, had been engaged in large scale farming for several years before they filed their petition under chapter 11 of the Bankruptcy Code. That was in September, 1982. At the time a large herd of hogs was located on farm land belonging to Dick Spears and Doyle Richardson.

Doyle Richardson is an attorney who had represented Dick Spears at various…