IN RE SMITH

Bankruptcy No. 87-30430, Adv. No. 87-0125.

82 B.R. 62 (1988)

In re Larry J. SMITH and Frances H. Smith, Debtor(s). SALEM NATIONAL BANK, Plaintiff(s), v. Larry J. SMITH, U.S.A., acting through Farmers Home Administration, and Bob G. Kearney, Trustee, Defendant(s).

United States Bankruptcy Court, S.D. Illinois.

January 28, 1988.


Attorney(s) appearing for the Case

Ronald L. Pallmann, Fairview Hgts, Ill., Robert D. Albright, Salem, Ill., for plaintiff Salem Nat. Bank.

S. Gene Schwarm, Vandalia, Ill., for debtors/defendant.

Pamela J. Lacey, Benton, Ill., for Trustee.

Frederick J. Hess, U.S. Atty., Stephen B. Clark, Asst. U.S. Atty., East St. Louis, Ill., for F.H.A.


MEMORANDUM AND ORDER

KENNETH J. MEYERS, Bankruptcy Judge.

This matter comes before the Court on the complaint of Salem National Bank ("plaintiff") to determine the nature, extent and priority of liens. Plaintiff and defendant, the United States of America, have filed cross-motions for summary judgment. Plaintiff and defendant are secured creditors, each claiming a superior interest in the proceeds of debtors' 1985 crops.

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