(Bankr. W.D. Ky. Mar. 23, 2018)
The bankruptcy court denies the creditor’s motion to amend the December 2017 judgment. The creditor’s lien was only on equipment and did not apply to two pole barn structures, which were fixtures and subject to the competing creditor’s mortgage. Opinion below.
Judge: Lloyd
Attorney for Movant: Stites & Harbison, Brian R. Pollock
Attorney for Mortgagee: T. Richard Alexander, II
Author: Matt Lindblom
(Bankr. W.D. Ky. Dec. 6, 2017)
The bankruptcy court finds that two tobacco pole barns on the debtor’s property were fixtures and thus subject to the plaintiff bank’s mortgage. Two other creditors with security interests in the debtor’s personal property argued that the barns were instead subject to their liens and thus the insurance proceeds following destruction of the barns in a wind storm should be subject to their lien. The court analyzes Kentucky law on fixtures and rules in favor of the mortgage holder. Opinion below.
Judge: Lloyd
Attorney for Plaintiff: T. Richard Alexander, II
Attorney for Debtor: Sullivan Mountjoy Stainback & Miller PSC, K. Timothy Kline
Attorney for Defendants: Brian R. Pollock; Adam R. Kegley
Author: Matt Lindblom
Kentuckiana Bankruptcy Opinions 