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DIVERSIFIED MORTG. INVESTORS v. LaROSE

Bankruptcy No. 75-258.

7 B.R. 447 (1980)

DIVERSIFIED MORTGAGE INVESTORS and Nine Corporation, Plaintiffs, v. Erwin A. LaROSE, Siegen Development, Incorporated, Diversified Mortgage Investors, Ex Officio Tax Collector For the Parish of East Baton Rouge, Frank W. Campbell, Dalton L. LaBorde, Bank of Commerce and Trust Company of St. Francisville, Louisiana, Keller Building Products of Baton Rouge, Inc., Boston Safe Deposit and Trust Company, United States of America, Collector of Revenue, State of Louisiana, William H. Wright, III, Reverend Vincent I. Klein-Peter and Breazeale, Sachse & Wilson, Defendants.

United States Bankruptcy Court, M.D. Louisiana.

December 3, 1980.

Attorney(s) appearing for the Case

Walter B. Stuart, IV, New Orleans, La., for said Diversified Mortg. Investors and said Nine Corp.

Erwin A. LaRose, Baton Rouge, La., the trustee herein, in support of said complaint.

Michael J. Uter, Baton Rouge, La., and John T. Bennett, Marksville, La., for Frank W. Campbell.

REASONS FOR JUDGMENT

HARVEY H. POSNER, Bankruptcy Judge.

Diversified Mortgage Investors (DMI)-a mortgage creditor of the debtor/bankrupt-and DMI's wholly owned subsidiary, Nine Corporation, in seeking to acquire title to the mortgaged property, jointly filed a Complaint to Sell (certain immovable property) Subject to Certain Mortgages and Free and Clear of All Junior Mortgages, Liens and Privileges.

Inter alia, the complaint alleges that Frank W...

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