IN RE HOGG

Bankruptcy No. 383-00002, Adv. No. 383-0026.

35 B.R. 292 (1983)

In re Clairen D. HOGG and Jeannette Hogg, Debtors. FIRST POTTER COUNTY BANK and Clyde Starks, Receiver, Plaintiffs, v. Clairen D. HOGG, Jeannette Hogg, and Thomas M. Maher, Trustee, Defendants.

United States Bankruptcy Court, D. South Dakota.

December 12, 1983.


Attorney(s) appearing for the Case

Craig E. Smith, Neumayr & Smith, Gettysburg, S.D., for plaintiffs First Potter County Bank and Clyde Starks, Receiver.

William Jason Groves, Rapid City, S.D., for defendants Clairen D. Hogg and Jeannette Hogg.

Thomas M. Maher, Maher, Bastian & Bode, pro se.

Robert J. Haar, Asst. U.S. Atty. on behalf of the United States of America, Farmers Home Administration.


MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

The facts in this case are not complicated. The First Potter County Bank of Gettysburg, South Dakota (bank), made a loan to the Gettysburg Livestock Exchange, Inc. (corporation), which was backed by a ninety per cent guarantee of the Farmers Home Administration. The loan was secured by a first mortgage on the Gettysburg sales barn, a restaurant, lounge, sundry personal property, and the personal guarantee...

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