Legal Opinion

Salem National Bank v. Larry J. Smith

Court of Appeals for the Seventh Circuit

Decided November 21, 1989No. 88-2715PublishedCited by 10 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

Purchase-money security interests usually take priority over earlier security agreements with after-acquired-property clauses. A purchase-money advance brings in a new asset, and because the security interest cannot exceed the value of the asset existing creditors are no worse off. At the same time, the purchase-money loan facilitates a transaction that might be too complicated to arrange if the purchase-money lender had to arrange for subordination agreements with all existing secured creditors.

Loans for the purchase of seed and the expenses of planting crops are…

2Cases cited4 opinions

  1. United States v. Minster Farmers Cooperative Exchange, Inc.District Court, N.D. Ohio · 1977
  2. Decatur Production Credit Ass'n v. MurphyAppellate Court of Illinois · 1983
  3. Salem National Bank v. Smith (In Re Smith)United States Bankruptcy Court, S.D. Illinois · 1988
  4. United States v. Cress (In Re Cress)United States Bankruptcy Court, D. Kansas · 1988

3Cited by10 opinions

  1. Pope ex rel. Pope v. East Brunswick Board of EducationCourt of Appeals for the Third Circuit · 1993
  2. In Re HowardCourt of Appeals for the Seventh Circuit · 2010
  3. Production Credit Ass'n of the Midlands v. Farm & Town Industries, Inc.Supreme Court of Iowa · 1994
  4. In Re CrawfordUnited States Bankruptcy Court, E.D. Wisconsin · 2008
  5. Donna Pope v. East Brunswick Board Of EducationCourt of Appeals for the Third Circuit · 1993

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