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In re Delbridge

United States Bankruptcy Court for the Eastern District of Michigan
61 B.R. 484 (1986)


Facts

Ward and Brenda Delbridge (plaintiffs) were dairy farmers. The Delbridges borrowed money from several lenders (defendants) to purchase cows for their dairy farm. Eventually, the Delbridges filed for bankruptcy. The Delbridges conceded that the lenders had pre-petition liens on the cows and milk. However, the Delbridges moved for a determination that the post-petition milk produced by the cows was not subject to the pre-petition liens. Alternatively, the Delbridges requested permission to use the post-petition milk.

Rule of Law

Issue

Holding and Reasoning (Spector, J.)

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