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MATTER OF MARKEE

Bankruptcy No. 83-00363, Adv. No. 83-0363.

31 B.R. 429 (1983)

In the Matter of Robert A. MARKEE and Nita F. Markee, Debtors. Robert G. CRAMER and Eunice A. Cramer, husband and wife, John E. Cramer, and Albert W. Cramer, Plaintiffs, v. Robert A. MARKEE and Nita F. Markee, husband and wife, Defendants.

United States Bankruptcy Court, D. Idaho.

July 8, 1983.

Attorney(s) appearing for the Case

Jonathan W. Cottrell, Sandpoint, Idaho, for plaintiffs.

John Ford Elsaesser, Grudem, Verby & Elsaesser, Sandpoint, Idaho, for defendants.

MEMORANDUM DECISION

MERLIN S. YOUNG, Bankruptcy Judge.

Plaintiffs are the mortgagees of certain real property previously owned by defendants who are presently debtors in possession under chapter 11 of the Bankruptcy Code. Following default upon the underlying obligation owed plaintiffs, the Cramers foreclosed their mortgage under Idaho law. On February 26, 1982, plaintiffs recovered a judgment and decree of mortgage foreclosure in state court. On March 24...

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