IN RE PRINTZ

Bankruptcy No. 10-73865. Adversary No. 11-7054.

478 B.R. 876 (2012)

In re Robert J. PRINTZ and Julie M. Printz, Debtors. CNH Capital America LLC, Plaintiff, v. Trainor Grain and Supply Co.; Bank of Pontiac, as Successor in Interest to Bank of Dwight; John Francis Gschwendtner; Robert J. Printz; and Julie M. Printz, Defendants.

United States Bankruptcy Court, C.D. Illinois.

September 27, 2012.


Attorney(s) appearing for the Case

Jonathan A. Backman , Bloomington, IL, Thomas W. O'Neal , Peoria, IL, for Debtors.

W. Kent Carter , Chicago, IL, for Plaintiff.

Alison E. McLaughlin , William P. Streeter , Peoria, IL, Emmet A. Fairfield , Springfield, IL, for Defendants.

John Francis Gschwendtner, Pontiac, IL, pro se.

Robert J. Printz, Bloomington, IL, pro se.

Julie M. Printz, Bloomington, IL, pro se


OPINION

MARY P. GORMAN, Bankruptcy Judge.

Before the Court is a Motion for Summary Judgment filed by CNH Capital America LLC ("CNH"), which in its Amended Complaint seeks a finding against Trainor Grain and Supply Co. ("Trainor") that CNH holds a first-priority perfected security interest in $362,443.49 which Trainor set off against money it owed to Robert J. Printz and Julie M. Printz ("Debtors"). For the reasons set forth below, CNH's Motion for Summary...

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