Hill v. Earthman (In Re Hill)

RALPH H. KELLEY, Chief Judge.

The court lifted the automatic stay in the plaintiffs’ (the Hills’) bankruptcy case so that First National Bank of McMinnville could foreclose a mortgage on the Hills’ land. The bank transferred the mortgage to the defendant, Earthman, who began foreclosure.

Earthman and the Hills disagreed over who was entitled to nursery plants the Hills were raising on the land. The Hills threatened to remove the plants or actually began removing them against Earthman’s wishes.

Earthman sued the Hills in state court to enjoin them from removing the plants and to have a receiver…