Kucera v. Bank of Brainard (In Re Kucera)

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

This is an action to determine the validity, priority or extent of a lien in $3,917.02 of proceeds from the sale of corn. The defendant, Bank of Brainard, holds possession of the funds which plaintiff, debtor, asserts should be turned over to him. The parties have submitted this matter to the court for decision upon a stipulation of facts.

Debtor filed a bankruptcy case under Chapter 13 in September 1984 and converted the case to a Chapter 11 in January 1985. A Chapter 11 plan was never confirmed and the case was dismissed on February 1, 1986…