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In Re: Negus-Sons, Inc v. Mutual of Omaha Bank

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Submitted: November 30, 2011

Before KRESSEL, Chief Judge, SCHERMER, AND VENTERS, Bankruptcy Judges.

Defendant Mutual of Omaha Bank appeals the order of the bankruptcy court*fn1 granting a motion for summary judgment filed by Plaintiff Rick D. Lange, the Chapter 7 trustee (“Trustee”) of the Debtor’s bankruptcy estate. The Trustee sought, and the bankruptcy court entered, an order determining that Mutual of Omaha does not have a security interest in certain of the Debtor’s personal property (“Property”). Defendant–Appellee United States and Defendant–Appellees the Contractors, Laborers, Teamsters and Engineers Pension Plan; the Contractors, Laborers, Teamsters and Engineers Health and Welfare Plan; and the International Union of Operating Engineers, Local No. 571 (collectively, the “Union Plans”) filed briefs in support of the Trustee’s position.*fn2

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