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IN RE SNYDER

Bankruptcy No. 09-81178. Adversary No. 09-8070.

436 B.R. 81 (2010)

In re Ray E. SNYDER and Gloria E. Snyder, Debtors. Illini Bank, Plaintiff, v. Michael D. Clark, as Chapter 12 Trustee for Ray E. Snyder and Gloria E. Snyder and Tri Ag, Inc., Defendants. Tri Ag, Inc., Counter-Plaintiff, v. Illini Bank, Counter-Defendant.

United States Bankruptcy Court, C.D. Illinois.

August 25, 2010.

Attorney(s) appearing for the Case

John S. Narmont, Springfield, IL, for Debtors.

Mark A. Bogdanowicz, Timothy J. Howard, Howard and Howard, Peoria, IL, for Plaintiff.

Michael D. Clark, Peoria, IL, pro se.

David A. Rolf, Springfield, IL, for Defendants.

OPINION

THOMAS L. PERKINS, Chief Judge.

This adversary proceeding requires the Court to determine whether the equitable doctrine of marshaling should be applied for the benefit of Tri Ag, Inc. (TRI AG), the holder of a junior lien against certain crop proceeds held by the Chapter 12 Trustee, Michael D. Clark (TRUSTEE). Illini Bank (ILLINI), as the assignee of the senior lienholder, wants the funds for itself and opposes marshaling. TRI AG and ILLINI...

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