IN RE SIEMERS

Bankruptcy No. BK99-41121. Adversary No. A99-4078.

249 B.R. 205 (2000)

In the Matter of Robert L. SIEMERS and Betty Joan Siemers, Debtor. Robert L. Siemers and Betty Joan Siemers, Plaintiffs, v. AG Services of America, Inc., Defendant.

United States Bankruptcy Court, D. Nebraska.

April 26, 2000.


Attorney(s) appearing for the Case

W. Eric Wood, Omaha, NE, for Robert L. Siemers and Betty Joan Siemers, Debtors/Plaintiffs.

David H. Fisher, Hastings, NE, for AG Services of America, Inc., Defendant.


MEMORANDUM

JOHN C. MINAHAN, Bankruptcy Judge.

Before the Court is a Motion for Summary Judgment by which the bankruptcy debtor seeks to avoid a security interest in crops which were planted before this bankruptcy case was commenced. I conclude that the pre-petition transfer of a security interest in growing crops constitutes an avoidable preference under Bankruptcy Code § 547.

FINDINGS OF FACT

Ag...

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