MATTER OF KENNY

Bankruptcy No. 84-02985-B, Adv. No. 84-1155-B.

75 B.R. 515 (1987)

In the Matter of Douglas F. KENNY, and wife, Marion N. Kenny, Debtors. Douglas F. KENNY and Marion N. Kenny, Plaintiffs, v. John BLOCK, individually and in his capacity as Secretary of the United States Department of Agriculture; Allen Brock, individually and in his capacity as Acting Assistant Administrator for Farmer Programs and former Acting Administrator of the Farmers Home Administration; Charles Shuman, individually and in his capacity as Administrator of the Farmers Home Administration; Calvin Lutz, individually and in his capacity as Acting State Director for Michigan; Charles E. Kelsey, individually and in his capacity as District Director; Rodney L. Plews, individually and in his capacity as County Supervisor; United States Department of Agriculture; and the United States of America, Defendants.

United States Bankruptcy Court, E.D. Michigan, S.D.

June 17, 1987.


Attorney(s) appearing for the Case

Paul B. Newman, Newaygo, Mich., for debtors/plaintiffs.

Karl Overman, Asst. U.S. Atty., Detroit, Mich., for defendants.


MEMORANDUM

GEORGE BRODY, Chief Judge.

The plaintiffs, Douglas and Marion Kenny, are farmers in Michigan. Over the period of 1978-1981, they received six emergency loans from the Farmers Home Administration (FmHA) of the United States Department of Agriculture (USDA). The total principal amount borrowed was $127,500.00.1 As part of the loan transactions, the plaintiffs executed promissory notes secured by mortgages on their home...

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