IN RE NEIDEFFER

Bankruptcy No. 88-05043, Adv. No. 88-7114.

96 B.R. 241 (1988)

In re Dennis F. NEIDEFFER, Debtor. Phillip D. ARMSTRONG, Trustee of the Estate of Dennis F. Neideffer, Plaintiff, v. UNITED STATES of America, acting Through its agency FARMERS HOME ADMINISTRATION, Defendant.

United States Bankruptcy Court, D. North Dakota.

November 3, 1988.


Attorney(s) appearing for the Case

Phillip Armstrong, U.S. Trustee.

Clare Hochhalter, for defendant, USA acting through FmHA.


MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

Before the court is a motion for judgment on the pleadings filed by the defendant, Farmers Home Administration (FmHA), filed October 18, 1988. The plaintiff/trustee resists the motion arguing there yet remain unresolved questions of fact.

The trustee, by complaint filed September 26, 1988, seeks avoidance under section 506(d) of the FmHA's second mortgage in real property being sold the Debtor...

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