Case # 08-10916, Adversary Proceeding # 08-1023.United States Bankruptcy Court, D. Vermont.
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.