MATTER OF BERGE

Adv. No. 82-0246.

33 B.R. 642 (1983)

IN the Matter of Philip L. BERGE and Betty Jo Berge, Debtors. Philip L. BERGE and Betty Jo Berge, Plaintiffs, v. Robert J. SWEET, Helen Sweet, and Robert J. Sweet Co., Inc., Defendants.

United States Bankruptcy Court, W.D. Wisconsin.

October 3, 1983.


Attorney(s) appearing for the Case

William J. Rameker, Murphy, Stolper, Brewster & Desmond, S.C., Madison, Wis., for plaintiffs.

Stuart C. Herro, Madison, Wis., for defendants.

James Sweet, Madison, Wis., for creditors' committee.


DECISION ON MOTIONS FOR SUMMARY JUDGMENT

ROBERT D. MARTIN, Bankruptcy Judge.

In 1977, chapter 11 debtors, Philip and Betty Jo Berge, signed a contract to purchase 2,777 acres of land in Adams County, Wisconsin, from the defendants, Robert and Helen Sweet ("Sweets"). As a result of debtors' default on the land contract, the Sweets obtained a judgment of strict foreclosure which became absolute hours before the debtors filed their chapter 11 petition. In this...

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