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IN RE CP HOLDINGS, INC.

No. 06-6028WM.

349 B.R. 189 (2006)

In re CP HOLDINGS, INC., Debtor. California Public Employees' Retirement System, Plaintiff-Appellee, v. Janice Stanton, Trustee, and CP Holdings, Inc., Defendants-Appellants.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: September 14, 2006.

Attorney(s) appearing for the Case

David D. Ferguson, Kansas City, Missouri, for appellant.

Kristie Remster Orme, Kansas City, Missouri, for appellee. Also, Mr. R. Pete Smith appeared on the brief.

Before KRESSEL, Chief Judge, SCHERMER and McDONALD, Bankruptcy Judges.

KRESSEL, Chief Judge.

The trustee and CP Holdings, Inc. appeal from a bankruptcy court1 order determining that California Public Employees' Retirement System held a perfected security interest in the debtor's claim against Kmart. We affirm.

BACKGROUND

In 1989, the debtor signed a promissory note for $12 million with Principal Mutual Life Insurance Company. Principal endorsed this note to CALPERS, which became the holder...

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