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IN RE BORDEN

BAP No. 06-6062 NE.

361 B.R. 489 (2007)

In re Michael R. BORDEN and Rhonda F. Borden, Debtors. Bellamy's Inc., Creditor-Appellant, v. Genoa National Bank, Creditor-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: March 9, 2007.

Attorney(s) appearing for the Case

George Gerard Vinton, North Platte, NE, for appellant.

Robert S. Johnson, Donald L. Swanson, Omaha, NE, on brief, for appellee.

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

SCHERMER, Bankruptcy Judge.

Bellamy's Inc. ("Artisan") appeals the bankruptcy court's order determining that the lien of Genoa National Bank ("Lender") in certain farm equipment owned by Michael R. Borden ("Debtor") takes priority over the Artisan's lien in the same equipment. We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons set forth below, we reverse.

ISSUE

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