Bank One, Dayton v. Nave (In Re Nave)

DECISION DETERMINING SECURED CLAIM OF BANK ONE

THOMAS F. WALDRON, Bankruptcy Judge.

This is a case arising under 28 U.S.C. § 1334(a) and having been referred to this court is determined to be a core proceeding under 28 U.S.C. § 157(b)(2)(E), in which the movant/creditor, Bank One, Dayton, NA, hereinafter Bank One, claims a perfected security interest in the proceeds from the sale of certain corn grown by the respondents/debtors-in-possession, hereinafter, Naves.

I.Procedural Posture

This matter was before the court in connection with a motion by Bank One requesting an order to prohibit the use of…