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Speth v. Whitham Farms Feedyard LP (In re Sunbelt Grain WKS LLC)

Speth v. Whitham Farms Feedyard LP (In re Sunbelt Grain WKS LLC)

Ruling
Bankruptcy court properly held that equitable subordination did not apply to give buyer superior interest to bank.
Procedural posture

In a chapter 7 adversary proceeding, appellant creditor challenged a ruling of the U.S. Bankruptcy Court for the District of Kansas granting summary judgment to appellee bank and finding that the bank's security interest in the debtor's grain inventory was superior to that of the creditor. The debtor operated storage facilities that it used in buying and storing grain for farmers.

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Commercial opinion summary, case decided on March 31, 2010 , LexisNexis #0610-048