Maher v. Mortenson (In Re Mortenson)

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

There is an adage in the legal business that once a case gets convoluted, it continues that way and probably gets worse. The above-entitled case certainly falls within that category.

Somehow, the Court finds itself in the position of deciding the validity, priority, and extent of two competing liens when neither party has filed a complaint to commence such an action. See Bankr.R.P. 7001(2). In fact, one of the parties, the Dewey County State Bank (bank), never has been an official party to the original turnover action, although its counsel…