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IN RE EDM CORP.

No. 10-6001.

431 B.R. 459 (2010)

In re EDM CORPORATION, doing business as EDM Equipment, doing business as NOVI, LLC, Debtor Hastings State Bank, Plaintiff-Appellant v. Thomas D. Stalnaker, Chapter 7 Trustee of EDM Corporation; Scott Street Enterprises; TierOne Bank, Defendants-Appellees, Wells Fargo Bank, N.A., Defendant, Huntington National Bank, Defendant-Appellee, City of Wood River, Nebraska; Vactor Manufacturing, Inc., Defendants TierOne Bank, Third Party Plaintiff, v. IBM Credit, LLC; Wells Fargo Equipment Finance, Inc.; Federal Signal Corporation, E-One, Inc.; Elgin Weeper Company, Third Party Defendants.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: May 14, 2010.

Attorney(s) appearing for the Case

Richard P. Garden, Jr., Lincoln, NE, for appellant.

Victor E. Covalt, III, Lincoln, NE, for appellee TierOne Bank.

Bradley Benedict Mallberg (argued), Randy R. Ewing, Lincoln, NE, appeared on the brief, for appellee Huntington National Bank.

Before SCHERMER, FEDERMAN, and VENTERS, Bankruptcy Judges.

FEDERMAN, Bankruptcy Judge.

Hastings State Bank appeals from the Order of the Bankruptcy Court1 declaring that its lien against the Debtor's assets was not properly perfected due to the manner in which Hastings State Bank listed the debtor's name on its financing statement filed with the Nebraska Secretary of State. For reasons that follow, we AFFIRM.

General Background

Debtor EDM Corporation is a Nebraska corporation...

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