Double J Cattle Co. v. Geis (In Re Double J Cattle Co.)

OPINION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DEFENDANTS MOTION FOR SUMMARY JUDGMENT, AND INTER-VENOR’S CROSS MOTION FOR SUMMARY JUDGMENT

PETER J. McNIFF, Bankruptcy Judge.

In this adversary proceeding, the plaintiff/debtor, Double J Cattle Co. (Double J), filed its complaint seeking to avoid the lien of the defendant, Lyle Geis (Geis). The First National Bank of Worland (FNB) had earlier intervened in the case agreeing with Double J that the Geis’ lien was avoidable.

After FNB intervened, Double J raised questions on the priority of FNB’s lien. Double J filed a motion for summary judgment…