John Fabick Tractor Co. v. Maun (In Re Maun)

ORDER

KENNETH J. MEYERS, Bankruptcy Judge.

This matter is before the Court on a Motion for Relief from Stay filed by John Fabick Tractor Company (“Fabick”) against Lorenzo P. Maun, M.D. (“debtor”). Fabick seeks to have the stay lifted to enforce its lien interest against two tractors which secure a note given it by debtor. The relevant facts are as follows:

On May 10, 1985, debtor purchased two Caterpillar tractors, an excavator and a track loader, from Fabick. Debtor gave Fabick a promissory note for $177,408.00 which called for Fabick to receive 48 monthly payments of $3,696.00 each. The…