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Wesley Howard Hitchcock and Gordon & Shirley Hitchcock v. American Mortg. Co. (In re Wesley H. Hitchcock), Ch. 12, BK22-40480, A22-4021-BSK, A22-4023-BSK

The debtor and his parents filed separate adversary complaints seeking to subordinate or disallow the claims of a creditor and to rescind or reform deeds of trust in which that creditor is beneficiary. After a trial on the complaints, the court ruled that because the deeds of trust from the debtor’s parents contain a cross-collateralization clause not within the intent of the parties, the plaintiffs’ claims for reformation are partially granted to remove the clause. All other requested relief is denied.

Date: 
Tuesday, June 25, 2024
Judge: 
Judge Brian S. Kruse