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IN RE MONTAGNE

Bankruptcy No. 08-10916. Adversary No. 08-1023.

421 B.R. 65 (2009)

In re Michael F. MONTAGNE, Debtor. Ag Venture Financial Services, Inc., Plaintiff, v. Michael F. Montagne, John Montagne, Diane Montagne, Montagne Heifers, Inc., Patenaude Grain, Ltd., Bourdeau Brothers, Inc., Defendants.

United States Bankruptcy Court, D. Vermont.

November 13, 2009.

Attorney(s) appearing for the Case

Jess Schwidde, Esq. Rutland, VT, and John Harrington, Esq., Concord, NH, for Debtor.

Tavian Mayer, Esq., South Royalton, VT, for Chapter 12 Trustee.

Jan Sensenich, Esq., Chapter 12 Trustee, White River Junction, VT.

Gary Franklin, Esq. and Douglas J. Wolinsky, Esq., Burlington, VT, for Ag Venture Financial Services, Inc.

MEMORANDUM OF DECISION

GRANTING DEBTOR'S MOTION TO DISMISS, DENYING DEBTOR'S REQUEST FOR DISGORGEMENT, AND OVERRULING CHAPTER 12 TRUSTEE'S OBJECTION TO CLAIM

COLLEEN A. BROWN, Bankruptcy Judge.

On May 12 and 13, 2009, the Court held a bench trial (the "mini-trial") on the causes of action in an amended complaint filed by Ag Venture Financial Services, Inc. ("Ag Venture"), related to a June 13, 2002 Commercial Promissory Note (the "Note") for $882...

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