Morton v. Santa Anna National Bank (In Re Bonnema)
United States Bankruptcy Court, N.D. Texas
1Opinion of the Court
MEMORANDUM OF OPINION ON CAPITAL RETAINS
JOHN C. AKARD, Bankruptcy Judge.
The issue before the court is whether Associated Milk Producers, Inc. effectively prohibited the assignment of “capital retains” to Santa Anna National Bank, which wanted to use them as collateral to secure a pre-petition loan it made to the Debtors. The court finds that Associated Milk Producers, Inc. prohibited their assignment, and Santa Anna National Bank has no rights in the capital retains. 1
Facts
Johannes Hoekstra Bonnema and Kasey Larue Bonnema (Debtors) operated a dairy and utilized Associated Milk Producers, Inc.…
2Cases cited7 opinions
- Sherman v. Eugene Farmers Cooperative (In Re Cosner)United States Bankruptcy Court, D. Oregon · 1980
- Nelson v. Cavalier Rural Electric Co-Operative of Langdon (In Re Axvig)United States Bankruptcy Court, D. North Dakota · 1987
- In Re BarrUnited States Bankruptcy Court, N.D. Texas · 1995
- In Re Flf Farmers Co-Operative Ass'n, Inc.District Court, D. New Jersey · 1958
- Taylor v. Assumption Cooperative Grain Co. (In Re Beck)United States Bankruptcy Court, C.D. Illinois · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Great Rivers Cooperative Of Southeastern Iowa v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 1999
- Southern Pacific Transportation Co. v. Voluntary Purchasing Groups, Inc.District Court, E.D. Texas · 2000
- Bank of America, N.A. v. Moglia (In Re Outboard Marine Corp.)District Court, N.D. Illinois · 2002
- In Re Norman C. Turley Dorian Turley, Debtors. Thomas C. Thompson Sports, Inc. v. Farmers & Merchants Bank of Long BeachCourt of Appeals for the Ninth Circuit · 1999
- Great Rivers Cooperative v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 1999
1 more not listed; retrieve them via the Exa API.