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IN RE BLAND

Bankruptcy No. 92-11823-12.

149 B.R. 977 (1992)

In re: Verlin Eugene BLAND, Debtor.

United States Bankruptcy Court, D. Kansas.

December 16, 1992.

Attorney(s) appearing for the Case

Terry D. Criss of Hampton, Royce, Engleman & Nelson, Salina, KS, for debtor.

Charles F. Harris of Kaplan, McMillan and Harris, Wichita, KS, for the Farm Credit Bank of Wichita.

Edward J. Nazar of Redmond, Redmond & Nazar, Wichita, KS, for the Trustee.

MEMORANDUM OPINION

JOHN T. FLANNAGAN, Bankruptcy Judge.

The Farm Credit Bank of Wichita (the "Bank") obtained judgment of foreclosure against Verlin Eugene Bland, the family farm debtor in this case, but did not conduct a sale of the land before the debtor filed his petition for Chapter 12 relief. The question is whether the doctrine of merger (of the mortgage into the judgment) as expressed in In re McKinney, 84 B.R. 748<...

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