Great Lakes Agri-Services, LLC v. State Bank of Newburg (In re Enright)

MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND OBJECTION TO CONFIRMATION OF PLAN

MARGARET DEE McGARITY, Bankruptcy Judge.

This matter came before the Court on the plaintiff Great Lakes Agri-Services, LLC’s motion for summary judgment seeking an order requiring the marshaling of assets, namely by requiring the State Bank of Newburg to liquidate the real property mortgaged by the non-debtors, Kenneth and Janet Enright, prior to executing on the real property mortgaged by the debtors, Steven and Jill Enright, in which Great Lakes also has a secured interest. The defendant State…