Legal Opinion

In Re Otto Farms, Inc.

United States Bankruptcy Court, C.D. Illinois

Decided April 27, 2000No. 19-70109PublishedCited by 1 opinion

1Opinion of the Court

OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether Sun Ag has a valid security interest in certain loan deficiency payments which the Debtor received post-petition pursuant to a government farm program.

The Debtor, Otto Farms, Inc., had a customer-supplier relationship with Sun Ag, Inc., wherein Sun Ag provided the Debtor with crop inputs from 1995 through 1999. The Debtor did not apply all the crop proceeds in the years prior to 1999 to the debt owed to Sun Ag and, on August 12, 1998, Sun Ag obtained a judgment against the Debtor in the amount of $128,-135.09.

On…

2Cases cited8 opinions

  1. In Re Dwayne Sunberg, Patricia Sunberg, Engaged in Farming, DebtorsCourt of Appeals for the Eighth Circuit · 1984
  2. In the Matter of Leland G. Schmaling and Mary F. Schmaling, Debtors. Appeal of Esther J. Schmaling, Leland G. Schmaling and Mary F. SchmalingCourt of Appeals for the Seventh Circuit · 1986
  3. Matter of SunbergUnited States Bankruptcy Court, S.D. Iowa · 1983
  4. In Re WatersUnited States Bankruptcy Court, N.D. Iowa · 1988
  5. Colish v. United States (In Re Colish)United States Bankruptcy Court, E.D. New York · 2002

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3Cited by1 opinion

  1. In Re GibsonDistrict Court, N.D. Texas · 2002

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