In Re Lanza

51 B.R. 125 (1985)

Free access to 20,000 Casebriefs

Holding & Decision

The court's holding and decision will be displayed here.

Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Lanza (D) filed a petition for reorganization under chapter 11. First Peoples National Bank (P) filed three proofs of claim. D conveyed a mortgage on a parcel of real estate to P in exchange for a construction loan with which to improve the subject property. This mortgage was executed for a denominated indebtedness of $200,000.00 although only $125,000.00 was advanced at settlement. P later advanced $170,000.00 through a series of unsecured loans, none of which, P concedes, were charged against the original mortgage. P's auditors read P the riot act so P convinced d to grant another mortgage for $350,000.00 using the now improved property as collateral and allocating $125,000.00 of the proceeds to satisfy the original mortgage and $177,520.00 to discharge the unsecured indebtedness and interest. The mortgage was then properly filed and recorded. P presented conflicting testimony on the outstanding balance remaining on the mortgage. The second proof is based on a demand note and a properly recorded mortgage which secures a principal debt of $24,500.00, plus interest to date, for a total sum of $40,282.60. The third proof of claim asserts an outstanding unsecured indebtedness of $27,639.62. The parties are in apparent agreement that this claim accurately expresses the outstanding indebtedness. D objected to the first claim because of P’s poor documentation.

Issues

The legal issues presented in this case will be displayed here.

Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

© 2007-2025 ABN Study Partner

© 2025 Casebriefsco.com. All Rights Reserved.