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IN RE NEGUS-SONS, INC.

BAP No. 11-6062.

460 B.R. 754 (2011)

In re NEGUS-SONS, INC., Debtor. Rick D. Lange, Chapter 7 Trustee, Plaintiff-Appellee, v. Mutual of Omaha Bank, Defendant-Appellant, United States Treasury, Internal Revenue Service; Contractors, Laborers, Teamsters and Engineers Pension Plan; Contractors, Laborers, Teamsters and Engineers Health and Welfare Plan; International Union of Operating Engineers, Local No. 571, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: December 22, 2011.

Attorney(s) appearing for the Case

Douglas Eugene Quinn , Robert P. Diederich , Omaha, NE, on brief, for Appellant.

Brian S. Kruse , Lincoln, NE, for Appellee Rick D. Lange.

Mark Milton , Washington, DC, for Appellee U.S. Treasury.

M.H. Weinberg , Omaha, NE, for Union appellees.

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

VENTERS, Bankruptcy Judge.

Defendant Mutual of Omaha Bank appeals the order of the bankruptcy court1 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...

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