Waukomis State Bank v. Fuksa (In Re Fuksa)

FINDINGS, CONCLUSIONS AND JUDGMENT

DAVID KLINE, Bankruptcy Judge.

PRELIMINARY STATEMENT

On March 20, 1981, Martha and Landis Fuksa each filed chapter 13 proceedings in this court. Thereafter this matter came on for hearing after required notice upon the plaintiff, Waukomis State Bank’s objection to the dischargeability of a debt under 11 U.S.C. § 523(a) seeking judgments against both Fuksas or alternatively seeking the imposition of an equitable lien (or mort gage) upon the 160 acre homestead of the debtor Martha Josephine Fuksa.

The parties took depositions of the various witnesses and agreed to…