Hergert v. Bank of the West (In Re Hergert)

MEMORANDUM OF DECISION

TERRY MYERS, Bankruptcy Judge.

I. INTRODUCTION

Chapter 12 debtors Neil and Marie Her-gert (“Debtors”) filed their petition for relief on August 9, 2001 (the “Petition Date”). They subsequently filed this adversary seeking a declaration that certain security interests of Bank of the West (“Bank”) are unperfected, and “that any claim based thereon be deemed unsecured[.]” Complaint to Determine Validity of Lien, Doc. No.l, at p. 2-3. See also, Pre-Trial Stipulation, Doc. No. 16, at p. 3, ¶ 11. According to this Stipulation, the issues to be determined by the Court are:

1) At…