Federal Deposit Insurance v. Peterson (In Re Peterson)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Chief Judge.

The matter under consideration is a request to be relieved from the automatic stay filed by the Federal Deposit Insurance Corporation (F.D.I.C.). Unlike other complaints in which plaintiffs seek relief from the automatic stay, the ultimate question here is not whether the plaintiff is entitled to relief from the automatic stay or to adequate protection, but rather what is the correct balance due and owing on a second mortgage on the home of Mr. Peterson, the debtor involved in a Chapter 11 case. The…