In Re Hoskins

405 B.R. 576 (2009)

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Nature of the Case

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Facts

Hoskins (D) owed 364 acres of land. D’s father allowed the Kungle family to come onto the land and use an old red cabin for hunting and fishing for about one month per year. Kungle approached D in 1997 and offered to buy 15 acres. D refused to sell but offered a long-term lease. A handshake sealed the deal, and there was never a formal agreement. Kungle began to construct a cabin with help at times from D. The new cabin had a full basement, two bedrooms, and a large loft. Kungle’s use of the cabin caused friction. Kungle would just show up, run four wheelers all hours and brings lots of people. D sent a letter to Kungle complaining and accusing him of taking advantage of their good nature and generosity. Kungle hired an attorney and offered to purchase the land for $15,000. D told Kungle to move the cabin. In the bankruptcy action, they proposed to pay Kungle $16,752 as an unsecured creditor. Ds have substantial nonexempt equity in the property of about $250,000 and would have to pay Kungle 100% of his unsecured claim.