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IN RE HERGERT

Bankruptcy No. 01-02342. Adversary No. 01-6221.

275 B.R. 58 (2002)

In re Neil HERGERT and Marie Hergert, dba Niemar Farms, Debtor. Neil Hergert and Marie Hergert, Plaintiffs, v. Bank of the West, Defendant.

United States Bankruptcy Court, D. Idaho.

February 25, 2002.

Attorney(s) appearing for the Case

D. Blair Clark, Ringert Clark, Boise, Idaho, for plaintiffs.

Kelly Greene McConnell, Givens Pursley, Boise, Idaho, for defendant.

MEMORANDUM OF DECISION

TERRY MYERS, Bankruptcy Judge.

I. INTRODUCTION

Chapter 12 debtors Neil and Marie Hergert ("Debtors") filed their petition for relief on August 9, 2001 (the "Petition Date"). They subsequently filed this adversary seeking a declaration that certain security interests of Bank of the West ("Bank") are unperfected, and "that any claim based thereon be deemed unsecured...

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