MATTER OF ELLIS

Bankruptcy No. 84-03769-SJ, Adv. No. 85-0111-SJ.

55 B.R. 671 (1985)

In the Matter of Max Eldon ELLIS and Judy Kay Ellis, Debtors. Hugh A. MINER, Trustee in Bankruptcy, Plaintiff, v. FARMERS HOME ADMINISTRATION, (COMMODITY CREDIT CORPORATION) and Gentry County Bank, Defendants.

United States Bankruptcy Court, W.D. Missouri, St. Joseph Division.

December 19, 1985.


Attorney(s) appearing for the Case

Hugh A. Miner, St. Joseph, Mo., for plaintiff.

David DeTar Newbert, Kansas City, Mo., for Farmers Home Admin. and Commodity Credit Corp.

Fred Kling, Albany, Mo., for Gentry County Bank.

Mark Stingley, St. Joseph, Mo., for debtors.


FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT FOR FARMERS HOME ADMINISTRATION

DENNIS J. STEWART, Bankruptcy Judge.

The trustee in bankruptcy sues for turnover of certain monies allegedly due the bankruptcy estate. He seeks to exercise his avoiding powers under the "strong arm" clause, § 544(a) of the Bankruptcy Code, to avoid the security interest of the Farmers Home Administration which he contends is not perfected. The parties to the action...

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