Morrow v. Berkeley Bank for Cooperatives

MEMORANDUM OPINION AND ORDER

GORDON THOMPSON, Jr., District Judge.

This matter is presently before the Court on appeal from a Bankruptcy Court decision below denying appellant Berkeley Bank’s claim number 62. Jurisdiction is founded upon 11 U.S.C. § 11(a)(10).

The facts of the case are essentially as follows: The Berkeley Bank held certain deeds of trust secured by property owned by Imperial Feed Products’, Inc. Sometime prior to Imperial Feed Products’ filing its voluntary petition in Bankruptcy, Berkeley Bank moved to record a notice of breach of note and trust deed in the official records of…