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IN RE KEVIN W. EMERICK FARMS, INC.

Bankruptcy Nos. 94-81957 to 94-81959. Adv. No. 95-8040.

187 B.R. 277 (1995)

In Re KEVIN W. EMERICK FARMS, INC., Debtor. In re Kevin W. EMERICK and Sherry Ann Emerick, Debtors. In re SIMON KENTON FARMS, INC., Debtor. Kevin W. EMERICK; Sherry Ann Emerick; Kevin W. Emerick Farms, Inc., an Illinois Corporation; and Simon Kenton Farms, Inc., an Illinois Corporation, for the use of Giertz Brothers; Hennenfent Trust; Ray and Mary Hipple; Estate of Ray Oaks, Deceased; Prudential Insurance Company of America; John Sauder; and John J. Sauder Farms, Inc., Plaintiffs, v. AG SERVICES OF AMERICA, INC. and Firstar Bank Burlington, N.A., Defendants. FIRSTAR BANK BURLINGTON, N.A., Counterplaintiff, v. GIERTZ BROTHERS; Hennenfent Trust; Ray and Mary Hipple; Estate of Ray Oaks, Deceased; Prudential Insurance Company of America; John Sauder; and John J. Sauder Farms, Inc., Counterdefendants.

United States Bankruptcy Court, C.D. Illinois.

October 12, 1995.

Attorney(s) appearing for the Case

Richard L. Whitman, Sr., Stansell, Whitman & Baber, Monmouth, IL, for Estate of Ray Oaks, Deceased, Monmouth Trust and Savings Bank, Trustee of the Thomas Hennenfent Trust, and Ray and Mary Hipple.

Gregg N. Grimsley, Carter & Grimsley, Peoria, IL, for Prudential Ins. Company.

Steven P. Oates, Sutkowski & Washkuhn, Peoria, IL, for John Sauder and John J. Sauder Farms.

Barry M. Barash, Galesburg, IL, for Debtors/Plaintiffs.

Robert Lindstrom, Mustain Lindstrom & Henson, Galesburg, IL, for Firstar.

Eric W. Lam, Moyer & Bergman, Cedar Rapids, IA, for AG Services.

Charles E. Covey, Peoria, IL, for Stark Agricultural Services, Inc.

R. Philip Steele, Monmouth, IL, for Giertz Brothers.

OPINION

WILLIAM V. ALTENBERGER, Chief Judge.

The issue before this Court arises out of three separate Chapter 11 cases which have not been consolidated. All three involved debtors engaged in farming operations. The first case is that of Kevin W. Emerick and Sherry Ann Emerick (EMERICKS). The other two cases are Simon Kenton Farms, Inc. (KENTON FARMS) and Kevin W. Emerick Farms, Inc. (EMERICK FARMS). Kevin Emerick is the sole shareholder of EMERICK FARMS...

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