Pillsbury Co. v. Herbolsheimer (In Re Herbolsheimer)

MEMORANDUM OPINION AND ORDER GRANTING MOTION OF TRUSTEE F,OR SUMMARY JUDGMENT

ARTHUR J. SPECTOR, Bankruptcy Judge.

This adversary proceeding was filed by the Plaintiff seeking to enforce a lien on certain crops grown by the debtor and subsequently sold to various grain elevators and a sugar refinery. The Trustee, one of the defendants herein, filed a motion for summary judgment on the pleadings, seeking to avoid the Plaintiff’s security interest.

The facts of this case, insofar as they are relevant to consideration of the trustee’s motion, are undisputed. On May 2, 1982 the debtor executed an…