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IN RE CHI-MAR FOODS, INC.

Bankruptcy No. 96 B 21560, Adversary No. 96 A 01718.

207 B.R. 594 (1997)

In re CHI-MAR FOODS, INC., Debtor. THREE "S" FARMS, INC., and Bruce de'Medici, as Chapter 7 Trustee of Chi-Mar Foods, Inc., Plaintiffs, v. PLYMOUTH CAPITAL LTD., Oxford Capital Corporation, Oxford Capital USA, Inc., Victoria Nowakowski, Business & Capital Development, Ltd., and Richard Woods, Defendants.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

April 15, 1997.

Attorney(s) appearing for the Case

Scott N. Schreiber, Stuart M. Widman, Anne L. Sarkinen, Much, Shelist, Freed, Denenberg, Ament, Bell & Rubenstein, P.C., Chicago, IL, for Plymouth Capital Ltd., Oxford Capital Corp.

Douglas Lipke, Robert J. Patton, Vedder, Price, Kaufman & Kammholz, Chicago, IL, for Three "S" Farms, Inc.

Bruce E. de'Medici, Chicago, IL, for Trustee.

Susan G. Castagnoli, Naperville, IL, for Chi-Mar Foods, Inc.

MEMORANDUM OPINION

RONALD BARLIANT, Bankruptcy Judge.

This action was brought by Three "S" Farms, Inc., ("Farms") and the Chapter 7 Trustee against several financing companies holding security interests in the debtor's accounts receivables. In Count I of the complaint, Farms alleges that it possesses a superior lien in the debtor's receivables by reason of a trust created by the Packers and Stockyard Act ("PSA"). 7 U.S.C. § 197. The problem with...

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