S.N.A. Nut Co. v. Tulare Nut Co. (In Re S.N.A. Nut Co.)

FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ERWIN I. KATZ, Bankruptcy Judge.

This case comes before the Court on the Complaint of Debtor, S.N.A. Nut Company (“Debtor”) objecting to Tulare Nut Company’s (“Tulare”) secured creditor status and classification as a Class XIV creditor under Debtor’s Fourth Amended Joint Plan of Reorganization dated December 6, 1994 (“Plan”). The issue before the Court is whether Tulare has met its burden of proof that it can trace the walnuts sold to Debtor as nuts that it produced and, therefore, can assert a producer’s lien in the nuts. This…