Richardson v. Wells Fargo Bank (In Re Churchill Nut Co.)

Opinion

MARILYN MORGAN, Bankruptcy Judge.

INTRODUCTION

This matter comes before the Court on the motion of Boeger Family Farms (“Boe-ger”) for summary judgment. The underlying complaint was brought by the Trustee to determine the validity, extent and priority of liens against proceeds from the sale of Churchill Nut’s walnut inventory. Boeger seeks a finding that it holds a superior interest in the sales proceeds, while the Trustee contends that Boeger shares pro rata with over 100 walnut growers. The Court concludes that Boeger’s prepetition exercise of its state law remedies did not terminate…