In re Montagne

Full title: In re: Michael F. Montagne, Chapter 12, Debtor-in-Possession. Ag Venture…

Court: United States Bankruptcy Court, D. Vermont

Date published: Aug 13, 2009

Case # 08-10916, Adversary Proceeding # 08-1023 (Bankr. D. Vt. Aug. 13, 2009)

Opinion

Case # 08-10916, Adversary Proceeding # 08-1023.

August 13, 2009

Lisa Chalidze, Esq., for Diane Montagne, Lauren Kolitch, Esq., for John Montagne.

Gary Franklin, Esq. and, Douglas Wolinsky, Esq., for Ag Venture Financial Services, Inc..

ORDER

COLLEEN BROWN, Bankruptcy Judge

GRANTING AG VENTURE'S CROSS-MOTION FOR SUMMARY JUDGMENT AND DENYING DIANE MONTAGNE'S AND JOHN MONTAGNE'S MOTION FOR SUMMARY JUDGMENT ON PRIORITY OF SECURITY INTERESTS IN CASH PROCEEDS

For the reasons set forth in the memorandum of decision of even date, THE COURT FINDS that Ag Venture Financial Services, Inc. has first a perfected first priority security interest in the proceeds from the Debtor's sale of Montagne Heifers Inc. collateral (livestock) superior to that of Diane Montagne and John Montagne.

Accordingly, IT IS HEREBY ORDERED that Ag Venture's cross-motion for summary judgment (doc. # 119) is GRANTED and Diane Montagne and John Montagne's motion for summary judgment on this same issue is DENIED.

SO ORDERED.