Durnal v. Roanoke Production Credit Ass'n (In re Simmons)

MEMORANDUM OPINION AND ORDER

L. EDWARD FRIEND, II, Bankruptcy Judge.

This adversary proceeding was initiated by the Debtor, seeking to avoid certain security interests in the Debtor’s property held by Roanoke Production Credit Association (“Roanoke”), Greenbrier Valley National Bank (“Greenbrier”) and Pendleton County Bank (“Pendleton”) (collectively referred to as “Defendants”), and seeking to direct Jesse O. Guills, as Special Commissioner, to pay over to the Debtor, the proceeds of certain of the Debtor’s cattle which were sold pre-petition. Mr. Guills deposited the proceeds into an escrow…