IN MATTER OF BTR PARTNERSHIP (Bankr.D.Neb. 2003)

IN THE MATTER OF: BTR PARTNERSHIP, originally filed as BTR FARMS, CH. 11, Debtor(s) FARMERS STATE BANK OF NEBRASKA, CH. 11, Plaintiff, vs. CITIZENS BANK; STATE SAVINGS BANK; and BTR PARTNERSHIP, originally filed as BTR FARMS, Defendants.; STATE SAVINGS BANK CITIZENS BANK, Third-Party Plaintiffs, vs. TIMOTHY H. SHIRLEY CAROLYN L. SHIRLEY, Third-Party Defendants.; RICHARD MYERS, Ch. 11 Trustee, Third-Party Plaintiff, vs. FARMERS STATE BANK; CITIZENS BANK; STATE SAVINGS BANK; TIMOTHY CAROLYN SHIRLEY; and BTR PARTNERSHIP, originally filed as BTR FARMS, Third-Party Defendants

CASE NO. BK01-41170, A01-4076United States Bankruptcy Court, D. Nebraska.
January 30, 2003

JUDGMENT
TIMOTHY MAHONEY, Chief Judge, Bankruptcy

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Hearing was held in Lincoln, Nebraska, on November 13, 2002, on various cross-motions for summary judgment:

Farmers State Bank’s motion for summary judgment (Fil. #17), objection by Citizen Bank (Fil. #31); objection by State Savings Bank (Fil. #33); objection by Trustee (Fil. #52); objection by Tim Shirley (Fil. #61)

Citizens Bank’s cross-motion for summary judgment (Fil. #30), — State Savings Bank’s motion for summary judgment (Fil. #34); Trustee’s joinder in Defendants’ motions (Fil. #49); response by Citizens Bank (Fil. #70)

Trustee’s motion for summary judgment (Fil. #51); Farmers State Bank’s response (Fil. #68); objection by Citizens Bank (Fil. #84)

Citizens Bank’s State Savings Bank’s motion for summary judgment on third-party complaint (Fil. #57)

Richard Hoch appeared for Farmers State Bank, Rod Kubat appeared for Citizens Bank, Charles Smith appeared for State Savings Bank, and Alan Pedersen appeared for the trustee.

Farmers State Bank’s motion for summary judgment (Fil. #17) is denied. Citizens Bank’s cross-motion for summary judgment (Fil. #30) is granted. State Savings Bank’s motion for summary judgment (Fil. #34) is granted. Trustee’s motion for summary judgment (Fil. #51) is granted in part. Citizens Bank’s State Savings Bank’s motion for summary judgment on third-party complaint (Fil. #57) is denied.

Farmers State Bank has no security interest in the cattle or the proceeds thereof which are the subject matter of this adversary proceeding. Judgment is hereby entered against Farmers State Bank and in favor of State Saving Bank and Citizens Bank on this issue. The preference issues raised by the trustee are not ruled on and are preserved for further development at trial.

See Order entered this date.

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