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IN RE JUDKINS

Bankruptcy No. 283-01082, Adv. No. 283-0472.

41 B.R. 369 (1984)

In re William Earl JUDKINS and Glenda F. Judkins, Debtors. John C. McLEMORE, Trustee, Plaintiff, v. MID-SOUTH AGRI-CHEMICAL CORP., United States Dept. of Agriculture, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

August 10, 1984.

Attorney(s) appearing for the Case

Stephen M. Miller, Denney, Lackey & Chernau, Nashville, Tenn., for plaintiff.

Sylvia Ford Brown, Asst. U.S. Atty., Nashville, Tenn., for U.S. Dept. of Agriculture.

W. Michael Corley, Smithville, Tenn., for Mid-South Agri-Chemical Corp.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The trustee's complaint seeks to recover Payment-in-Kind ("PIK") certificates of entitlement owing to the debtors. The issues are: (1) whether PIK payments constitute crop "proceeds;" and (2) whether the debtors' assignment of PIK wheat payments to one of the defendants constitutes a preferential transfer. After consideration of the briefs, arguments and stipulations, the court holds that PIK entitlements are...

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