In re Duckworth, No. 11-8002, 2012 Bankr. LEXIS 1219 (Bankr. C.D. Ill. 2012)

(declaratory judgment action brought by trustee for guidance on disbursement of equipment sale and crop insurance proceeds in Chapter 7 bankruptcy and avoidance of bank’s security interest due to errors in agreement; Agricultural Security Agreement for loan by bank failed to correctly identify date value was given for first loan; no dispute value provided so all requirements of enforceability satisfied because mistake in description of secured debt does not render otherwise valid security agreement unenforceable; no allegations of being misled by incorrect representation in suit; bank’s later loan not secured because bank failed to include future advances or dragnet clause in security agreement; court agreed with Fifth Circuit decision (In re Cook, 169 F.3d 271 (5th Cir. 1999)) that Federal Crop Insurance Act pre-empts UCC Article 9, which means exclusive method for creditor to obtain lien in undisbursed proceeds is through FCIA authorized assignment process).