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IN RE HOVDEBRAY ENTERPRISES

BAP Nos. 12-6033, 12-6035.

483 B.R. 187 (2012)

In re HOVDEBRAY ENTERPRISES, Debtor. David G. Velde, Trustee, Plaintiff-Appellee, v. Border State Bank, Defendant-Appellant. In re HovdeBray Enterprises, Debtor. David G. Velde, Trustee, Plaintiff-Appellant, v. Border State Bank, Defendant-Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided: December 3, 2012.

Attorney(s) appearing for the Case

Jon R. Brakke , Caren W. Stanley , on brief, Fargo, ND, for appellant.

Robert L. Russell, III , Fergus Falls, MN, on brief, for appellee.

Before FEDERMAN, VENTERS, and SALADINO, Bankruptcy Judges.

FEDERMAN, Bankruptcy Judge.

This is a preference action under 11 U.S.C. § 547 by David G. Velde, the Chapter 7 Trustee, to recover a payoff payment to Border State Bank from the proceeds of the Debtor's liquidation sale. The Bankruptcy Court1 denied the Bank's motion for summary judgment, holding that the perfection of the Bank's lien was within the perfection period under § 547(b) and that the "floating lien" defense in §...

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