In Re Esbon Grain Co., Inc.

MEMORANDUM OF DECISION

ROBERT B. MORTON, Bankruptcy Judge.

NATURE OF THE CASE

Proeedurally, the matter is before the Court on the Trustee’s objection to the secured claim of The First National Bank of Smith Center, Kansas (Bank). The subject of the controversy is grain [proceeds] in storage at debtor’s facility in quantity insufficient to fully satisfy claim of Bank and the claims of grain depositors. In a broad sense the issue calls for a determination of the rights of grain depositors as opposed to the rights of the holder of a security interest in stored grain belonging to the warehouseman.

FAC…