Crichton v. Himlie Properties, Inc. (In Re Himlie Properties, Inc.)

MEMORANDUM AND ORDER ON OFFICIAL CREDITORS’ COMMITTEE’S MOTION FOR SUMMARY JUDGMENT

KENNETH S. TREADWELL, Bankruptcy Judge.

BACKGROUND

This action was commenced on June 10, 1983 by plaintiffs Frank and Helen Crichton’s (hereinafter, “plaintiffs”) filing a complaint against defendant Himlie Properties, Inc., the debtor-in-possession (hereinafter, “Himlie”) for relief from the automatic stay of Bankruptcy Code § 362, adequate protection and to determine the nature, extent and validity of liens. A stipulation and order allowing intervention by the Official Creditors’ Committee (“Creditors’…