IN RE FOX HILL OFFICE INVESTORS, LTD.

Bankruptcy No. 87-01651-1-11, Adv. No. 87-0396-1-11.

101 B.R. 1007 (1989)

In re FOX HILL OFFICE INVESTORS, LIMITED, Debtor. FOX HILL OFFICE INVESTORS, LIMITED, Plaintiff, v. MERCANTILE BANK, N.A., Defendant and Third-party Plaintiff, v. KROH BROTHERS DEVELOPMENT CO., Third-party Defendant.

United States Bankruptcy Court, W.D. Missouri.

June 28, 1989.


Attorney(s) appearing for the Case

Timothy Sear and Thomas Franklin, Kansas City, Mo., for plaintiff and third-party defendant.

David Wells and Linda Carroll Goyda, St. Louis, Mo., for defendant.


MEMORANDUM OPINION, AMENDED FINDINGS OF FACT

CONCLUSIONS OF LAW, AND JUDGMENT

INTRODUCTION

KAREN M. SEE, Bankruptcy Judge.

Plaintiff Fox Hill Office Investors (FHOI), debtor in the main proceeding, filed this adversary to invalidate a note and mortgage executed by its general partner Kroh Brothers Equity Company (KBEC) in favor of defendant Mercantile Bank, N.A. (Mercantile). The mortgage created a lien on the Fox Hill Office Building...

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