CNH Capital America LLC v. Trainor Grain & Supply Co. (In re Printz)

OPINION

MARY P. GORMAN, Bankruptcy Judge.

Before the Court is a Motion for Summary Judgment filed by CNH Capital America LLC (“CNH”), which in its Amended Complaint seeks a finding against Trainor Grain and Supply Co. (“Trainor”) that CNH holds a first-priority perfected security interest in $362,443.49 which Trainor set off against money it owed to Robert J. Printz and Julie M. Printz (“Debtors”). For the reasons set forth below, CNH’s Motion for Summary Judgment will be granted. Judgment will be entered in CNH’s favor and against Trainor for $362,443.49.

I. Factual and Procedural Background

The…