In re Heward Brothers

210 B.R. 475 (1997)

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In re Heward Brothers

United States Bankruptcy Court for the District of Idaho
210 B.R. 475 (1997)

SC

Facts

Farm Credit Bank of Spokane (FCB) (creditor) sold a farm to Heward (debtor) under a land installment contract. Pursuant to the contract, Heward became the equitable owner of the farm, and FCB agreed to transfer clean title to the farm upon Heward making all payments. Heward began failing to make monthly payments and soon after filed for chapter 11 bankruptcy relief. FCB filed a motion for a determination that the land installment contract with Heward was an executory contract.

Rule of Law

Issue

Holding and Reasoning (Pappas, C.J.)

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