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IN RE BOWLNEBRASKA, L.L.C.

BAP No. 10-6016.

447 B.R. 597 (2010)

In re BOWLNEBRASKA, L.L.C.; Husker Bowl, Debtors. BowlNebraska, L.L.C., Plaintiff-Appellee, v. Omaha State Bank, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: July 1, 2010.

Attorney(s) appearing for the Case

Robert J. Bothe , argued, Michael T. Eversden and Robert P. Diederich , on the brief, Omaha, NE, for appellant.

Thomas Randall Wright , argued, John A. Sharp , on the brief, Omaha, NE, for appellee.

Before KRESSEL, Chief Judge, FEDERMAN and VENTERS, Bankruptcy Judges.

FEDERMAN, Bankruptcy Judge.

Omaha State Bank appeals from the order of the Bankruptcy Court declaring that the Bank's deeds of trust on the Debtor's real property were not properly acknowledged and recorded under Nebraska law and declaring such deeds of trust void. For the reasons that follow, the judgment is REVERSED.

BowlNebraska, L.L.C., is a Nebraska limited liability company and is currently a debtor-in-possession...

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