In re Webb, No. 13-1495, 2014 U.S. App. LEXIS 2236 (8th Cir. Feb. 6, 2014)

(debtors were a married couple that had entered into a joint venture and borrowed money in the name of the joint venture from a bank; the bank obtained a perfected security interest in rice grain and equipment of the debtors; when the debtors filed a Chapter 7 bankruptcy, the trustee sought to sell the rice and equipment, but the bank argued that it was entitled to liquidate the property because it was owned by a separate entity, the joint venture; the bankruptcy court and the district court ruled in favor of the trustee, and the appellate court affirmed; the court found that the lower court did not clearly err in finding that the joint venture created by the debtors was not a general partnership or other separate legal entity; thus, the rice and equipment listed in the name of the joint venture was owned by the debtors individually and should be included in the bankruptcy estate; the joint venture agreement had specifically stated that it did not create a partnership).