Pennwest Farm Credit, ACA v. Wagner (In re Wagner)

174 B.R. 189, 1994 Bankr. LEXIS 1822
CourtDistrict Court, W.D. Pennsylvania
DecidedNovember 23, 1994
DocketBankruptcy No. 94-10479; Adv. No. 94-1147; Motion Nos. LJS-1, SHH-4
StatusPublished

This text of 174 B.R. 189 (Pennwest Farm Credit, ACA v. Wagner (In re Wagner)) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pennwest Farm Credit, ACA v. Wagner (In re Wagner), 174 B.R. 189, 1994 Bankr. LEXIS 1822 (W.D. Pa. 1994).

Opinion

OPINION1

WARREN W. BENTZ, Chief Judge.

Introduction

Before the Court are three related matters which involve the rights or lack thereof of Dewey A. Wagner (“Debtor”) in a certain parcel of real estate which contains approximately 19 acres, located in Cranberry Township, Venango County, Pennsylvania (the “Property”). Pennwest Farm Credit, ACA (“Pennwest”) obtained judgment against the Debtor in the Venango County Court of Common Pleas and in November, 1993, held a Sheriffs Sale of the Property. Pennwest was the successful bidder at the sale and obtained a Sheriffs deed to the Property.

The Debtor filed a voluntary Petition under Chapter 12 of the Bankruptcy Code on July 13, 1994 (“Filing Date”). Prior to the Filing Date, Debtor filed, in the Court of Common Pleas of Venango County, a COMPLAINT IN ACTION TO QUIET TITLE (“Quiet Title Action”). The Quiet Title Ac[191]*191tion has been removed to this Court and is now pending at Adversary No. 94-1147. The Debtor has also filed a MOTION FOR DETERMINATION OF PROPERTY RIGHTS which makes the same allegations and seeks the same relief as the Quiet Title Action. The Debtor alleges that Pennwest has failed to comply with the requirements of § 2219a of the Agricultural Credit Act of 1987 (“Act”), 12 U.S.C. § 2219a, and seeks a determination that the Debtor continues to have rights in the Property.

Also before the Court is Pennwest’s EMERGENCY MOTION FOR RELIEF FROM THE AUTOMATIC STAY IN RE: DEBTOR’S FORMER REAL ESTATE. Pennwest asserts that it has complied with all of the provisions of the Act; that Debtor’s rights of first refusal have expired; that the Debtor has no interest in the Property; that the Debtor is not eligible to be a debtor under Chapter 12; that there is no equity in the Property and the Property is not necessary for an effective reorganization; and that the Debtor’s bankruptcy filing was in bad faith, filed for the purpose of frustrating Pennwest’s disposal of the Property. Penn-west seeks relief from the automatic stay to permit it to sell the Property and also seeks dismissal of the Quiet Title Action and the Debtor’s Motion for Determination of Property Rights. The Chapter 12 Trustee consents to Pennwest’s Motion. We conducted an evidentiary hearing on September 14, 1994 and the parties have filed post-trial briefs. The matter is now ripe for decision.

Facts

This is not the Debtor’s first encounter with bankruptcy proceedings. The Debtor filed a Chapter 12 Petition at No. 91-00829 on October 17, 1991 which was voluntarily dismissed by the Debtor on May 12, 1992 after the conclusion of the first meeting of creditors whereby it became apparent that the Debtor had no means of instituting a farm operation, could not file a Chapter 12 Plan and was not eligible for relief under Chapter 12.

Following the dismissal of Case No. 91-00829, Pennwest obtained a writ of execution on a default judgment and mortgage foreclosure in the Court of Common Pleas of Venango County and scheduled the Property for Sheriffs Sale on November 23, 1992.

On November 23, 1992, the Debtor filed his second Chapter 12 Petition at No. 92-10939, which was converted to a case under Chapter 7 on March 12, 1993, the date fixed for the first meeting of creditors. On April 2, 1993, Pennwest filed a Motion for Relief from the Automatic Stay and a default order was entered at Case No. 92-10939, Motion No. LJS-1 on May 14, 1993.

Case No. 92-10939 was dismissed on July 28, 1993 upon the Motion of the Trustee, Richard W. Roeder, Esq.

Pennwest held a mortgage foreclosure sale on the Property in November, 1993. Penn-west was the successful bidder at the sale and obtained a Sheriffs deed which was recorded on December 27, 1993. At the time of Sheriffs sale, Pennwest was owed $158,-575.50 plus interest from May 8,1992. Other subordinate judgment liens against the Property totaled $86,024.64.

After it acquired the Property at Sheriffs Sale, Pennwest obtained an in-house appraisal which valued the Property at $65,000. By letter to the Debtor dated November 16, 1993, Pennwest advised the Debtor that it had elected to sell the Property and that Debtor could purchase the Property at the appraised value of $65,000. The November 16th letter set forth the Debtor’s rights as follows:

Your rights to purchase the property are as follows:
Mandatory Sale:
1. You have the absolute right to purchase the property for the above stated amount.
2. If you wish to purchase it at this price, you must make an offer to purchase within THIRTY 30 days after you receive this letter. If you make an offer, we recommend either delivering it personally to our office with receipt requested or mailing by certified mail to the above address. Under the Act, it is important that you establish delivery or mailing within THIRTY 30 days of receiving our certified letter.
[192]*1923. If you offer to buy at the above price, the Act says we must accept your offer and do so by accepting and selling within FIFTEEN 15 days of receiving your offer.
4. If you wish to purchase the property, the terms are “cash” and the sale must be closed within FIFTEEN 15 days of the day we receive your offer. In other words, you must have your financing arranged with another lender and have the full payment price set out above in the form of a cashier’s or certified check at the closing, which will take place no later than FIFTEEN 15 days after we receive your offer. Permissive Sale:
If you do not wish to purchase the property at the above appraised value, you may offer to purchase the property at a price less than that amount.
Your offer to purchase at less than the above appraised value must be submitted within THIRTY 30 days after you receive this letter.
If your offer is less than the above appraised value, the Act says we may either accept or reject your offer.
a) If we accept, we will close at a reasonable mutually agreeable time.
b) If we reject your offer, we will notify you within FIFTEEN 15 days of receiving your offer.
i. If your offer is rejected, we will “hold it” pending receipt of other offers.
ii. If another offer is received that is higher than yours, the property will be sold to that person without further notice to you.
iii. If we accept an offer from another person at a price equal to or less than your offer, we will come back to you again with another opportunity to purchase the property. The terms and conditions to you will be the same as offered to the other person. Financing is not a “term or condition” under the Act, and we may offer financing to other parties without offering it to you. This opportunity to purchase works as follows:
aa) You may resubmit an offer at the same price and same terms and conditions as offered to the third party. (Again, financing is not a “term or condition” that has to be the same for you and the other person. We can finance the third party but refuse to finance you.)

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Cite This Page — Counsel Stack

Bluebook (online)
174 B.R. 189, 1994 Bankr. LEXIS 1822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennwest-farm-credit-aca-v-wagner-in-re-wagner-pawd-1994.