Smith v. Guaranty State Bank & Trust (In Re Smith)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT FOR PLAINTIFF AND AGAINST DEFENDANT AND ACCORDINGLY PARTIALLY CANCELLING DEFENDANT’S LIEN ON CERTAIN OF PLAINTIFFS’ REAL PROPERTY

DENNIS J. STEWART, Bankruptcy Judge.

This is an action brought by the debtors for the purpose of preventing the defendant’s foreclosure and sale of their residence. 1 After joinder of the issues by the pleadings, the plenary evidentiary trial of this action was conducted by the court on July 30, 1981. The plaintiff, James R. Smith appeared personally and by Stephen B. Strayer, Esquire, his counsel, and the…