Salem National Bank v. Larry J. Smith
Court of Appeals for the Seventh Circuit
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
- United States v. Minster Farmers Cooperative Exchange, Inc.District Court, N.D. Ohio · 1977
- Decatur Production Credit Ass'n v. MurphyAppellate Court of Illinois · 1983
- Salem National Bank v. Smith (In Re Smith)United States Bankruptcy Court, S.D. Illinois · 1988
- United States v. Cress (In Re Cress)United States Bankruptcy Court, D. Kansas · 1988
3Cited by10 opinions
- Pope ex rel. Pope v. East Brunswick Board of EducationCourt of Appeals for the Third Circuit · 1993
- In Re HowardCourt of Appeals for the Seventh Circuit · 2010
- Production Credit Ass'n of the Midlands v. Farm & Town Industries, Inc.Supreme Court of Iowa · 1994
- In Re CrawfordUnited States Bankruptcy Court, E.D. Wisconsin · 2008
- Donna Pope v. East Brunswick Board Of EducationCourt of Appeals for the Third Circuit · 1993
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