Foster v. Farmers & Merchants Bank of Eatonton (In Re Foster)

STATEMENT OF THE CASE

ROBERT F. HERSHNER, Jr., Chief Judge.

Charles W. Foster, Debtor, Plaintiff, filed a petition under Chapter 13 of the Bankruptcy Code on December 9, 1988. Plaintiff filed an adversary proceeding on June 16,1989, urging the Court to set aside the foreclosure of a deed to secure debt by Farmers and Merchants Bank of Eatonton, Defendant, (“Farmers and Merchants Bank”). This foreclosure was conducted pursuant to a consent order entered March 16, 1989. Plaintiff contends that the legal advertisement of the nonjudicial foreclosure was defective and chilled the bidding. The…