Marques et al v. Great Plains Capital Corporation et al

U NITED STATES B ANKRUPTCY C OURT
FOR T HE E ASTERN D ISTRICT OF PENNSYLVANIA
In re 	: 	Chapter 7
:
ANTHONY J. MARQUES and 	: 	Bankruptcy No. 05-31854DWS
ELENA M. MARQUES, 	:
:
Debtors. 	:
ANTHONY J. MARQUES, 	: 	Adversary No. 07-0207
ELENA M. MARQUES, 	:
:
Plaintiffs/Counter-Defendants, 	:
:
v. 	:
:
BANK OF AMERICA, N.A., successor-in-interest 	:
by merger to Fleet National Bank, and successor-in- 	:
interest by merger to Progress Bank [dsm’d on 8/22/07],:
:
Defendant, 	:
:
GREAT PLAINS CAPITAL CORPORATION, 	:
Assignee to Bank of America, N.A., 	:
:
Defendants/Counter-Claimant. 	:
ORDER
AND NOW, this 16th day of September 2008, upon consideration of the Amended
Complaint (the “Complaint”) of the debtors/plaintiffs Anthony J. Marques and Elena M.
Marques 	(“the 	Marques”) 	against 	Great 	Plains 	Capital 	Corporation 	(the 	“GPCC”),
after notice and hearing and for the reasons stated in the accompanying Memorandum
Opinion;
Case 07-00207-dws Doc 47 Filed 09/16/08 Entered 09/17/08 16:39:22 Desc Main
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Adversary No. 07-0207
It is hereby ORDERED that GPCC’s claim arising under Note II (as described in
the Memorandum Opinion) is UNSECURED and GPCC’s claim arising under Note III
(as described in the Memorandum Opinion) is SECURED by the Open-End Mortgage dated
July 11, 2003. Judgment is entered In Favor of Plaintiffs as to Note II and In Favor of
GPCC as to Note III and its Counterclaim.
It is Further ORDERED that GPCC is granted relief from the automatic stay to take
action in state court to have the Open-End Mortgage satisfaction piece stricken from the
record and to have the Open-End Mortgage reinstated.
DIANE WEISS SIGMUND
United States Bankruptcy Judge
Case 07-00207-dws Doc 47 Filed 09/16/08 Entered 09/17/08 16:39:22 Desc Main
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