Legal Opinion

B-Bar Tavern Inc. v. Prairie Mountain Bank (In re B-Bar Tavern Inc.)

United States Bankruptcy Court, D. Montana

Decided December 18, 2013No. Bankruptcy No. 12-60228-11; Adversary No. 12-00043Published

1Opinion of the Court

MEMORANDUM OF DECISION

RALPH B. KIRSCHER, Bankruptcy Judge.

In this adversary proceeding Plaintiff/Debtor B-Bar Tavern Inc. (“B-Bar *885Tavern”) objects to Proof of Claim No. 1 filed by creditor Prairie Mountain Bank (“PMB”) and seeks to invalidate the Trust Indenture (“TI”) securing PMB’s debt and avoid PMB’s lien on Plaintiffs property, and also seeks attorney fees. PMB answers that it honored all agreements with B-Bar Tavern, and PMB requests reformation of the TI based on mutual mistake, plus enforcement of the TI against its security which Plaintiff pledged under the TI and a Settlement…

2Cases cited89 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  3. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  4. Butner v. United StatesSupreme Court of the United States · 1979
  5. Dewsnup v. TimmSupreme Court of the United States · 1992

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