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IN RE KERWIN

No. 368, Docket 92-5045.

996 F.2d 552 (1993)

In re Sharon E. KERWIN, Debtor, FIRST BRANDON NATIONAL BANK, Appellant, v. Sharon E. KERWIN, Jan M. Sensenich, Trustee, Appellees.

United States Court of Appeals, Second Circuit.

Decided June 11, 1993.

Attorney(s) appearing for the Case

James F. Carroll, Powers, English & Carroll, Ltd., Middlebury, VT, for appellant First Brandon Nat. Bank.

Gleb Glinka, Glinka & Palmer, Cabot, VT, for appellee Sharon E. Kerwin.

Jan M. Sensenich, pro se, Wilder, VT, for appellee Trustee.

Michael F. Crotty, Washington, D.C. (John J. Gill, American Bankers Assn, Washington, DC, of counsel), filed a brief on behalf of the American Bankers Assn as amicus curiae.

Before NEWMAN, CARDAMONE and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

Sharon Kerwin is a farmer. She borrowed money from the First Brandon National Bank in Vermont, mortgaging her farm as collateral. Later, unable to carry the heavy debt load, she filed for chapter 12 bankruptcy protection and submitted a plan that would give the bank a portion of her farmland—which was appraised as of sufficient value — in full satisfaction of the bank's secured claim against her. The bankruptcy court approved...

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