Bank One of Akron, N.A. v. Farmers Production Credit of Ashland (In Re Miller)

MEMORANDUM OF DECISION

JAMES H. WILLIAMS, Bankruptcy Judge.

This matter is before the court upon a complaint filed by the plaintiff, Bank One of Akron, N.A. (Bank or plaintiff) on November 10, 1983. The Bank seeks a money judgment for $5,901.59 plus interest, alleging that the defendant, Farmers Production Credit of Ashland (PCA or defendant), has wrongfully sold, and retained the proceeds of, a certain International Harvester tractor without due regard for the Bank’s asserted purchase money security interest in the same collateral.

The complaint eventually came on for trial at which time…