IN RE BLUEGRASS FORD-MERCURY, INC.

No. 90-6121.

942 F.2d 381 (1991)

In re BLUEGRASS FORD-MERCURY, INC., Debtor, BLUEGRASS FORD-MERCURY, INC., Plaintiff-Appellee, v. FARMERS NATIONAL BANK OF CYNTHIANA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 20, 1991.


Attorney(s) appearing for the Case

Barry M. Miller, Taft McKinstry, Fowler, Measle & Bell, Lexington, Ky., for plaintiff-appellee.

Joseph M. Scott, Jr., Laura Day Carruthers, Stoll, Keenon & Park, Lexington, Ky., for defendant-appellant.

Before GUY and RYAN, Circuit Judges, and JOINER, Senior District Judge.


RALPH B. GUY, Jr., Circuit Judge.

Defendant, Farmers National Bank of Cynthiana (Farmers), appeals the district court's decision, which affirmed the bankruptcy court's order, setting aside certain liens held on Bluegrass Ford-Mercury's (Bluegrass or debtor) property as preferential and allowing Bluegrass to recover certain payments made during the preference period from the bank.

Farmers argues that it was a perfected, secured creditor and, thus, did not receive...

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