MATTER OF SCHMALING

No. 85-1547.

783 F.2d 680 (1986)

In the Matter of Leland G. SCHMALING and Mary F. Schmaling, Debtors. Appeal of Esther J. SCHMALING, Leland G. Schmaling and Mary F. Schmaling.

United States Court of Appeals, Seventh Circuit.

Decided February 7, 1986.

As Corrected February 18, 1986.


Attorney(s) appearing for the Case

John E. Pfau, Williams & McCarthy, Rockford, Ill., for debtors.

Bradley T. Koch, Holstom & Green, P.C., Rockford, Ill., for Esther J. Schmaling.

Ralph E. Elliott, Plager, Hasting & Krug, Ltd., Freeport, Ill., for appellee.

Before CUDAHY and POSNER, Circuit Judges and GRANT, Senior District Judge.


CUDAHY, Circuit Judge.

In this case, we consider whether corn received under the federal government's Payment-in-Kind ("PIK") program — under which farmers receive surplus grain in exchange for an agreement not to plant their intended crop — constitute crop "proceeds" under the Uniform Commercial Code. The Bankruptcy Court for the Northern District of Illinois determined that PIK payments are proceeds and the District Court affirmed. We reverse.

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