IN RE COOK

BAP No. 13-6014.

504 B.R. 496 (2014)

In re Russell Lee COOK, Formerly doing business as RWCK, LLC, Formerly doing business as RWCK Developments, LLC, Formerly doing business as Russell Cook Construction, LLC, Formerly doing business as RWCK Construction, LLC, Formerly doing business as RWCK Quarry, LLC, Formerly doing business as High Mountain Whitetails, LLC, Formerly doing business as Tuscany on the Lakes, LLC, Formerly doing business as The TanStone Group, LLC, Formerly doing business as Cook-Patch Partn, Formerly doing business as Gobblers Nob RE, LLC, Formerly doing business as Table Rock Properties, LLC; Wanda Faye Cook, Formerly doing business as RWCK, LLC, Formerly doing business as RWCK Developments, LLC, Formerly doing business as Russell Cook Construction, LLC, Formerly doing business as RWCK Construction, LLC, Formerly doing business as RWCK Quarry, LLC, Formerly doing business as High Mountain Whitetails, LLC, Formerly doing business as Tuscany on the Lakes, LLC, Formerly doing business as The TanStone Group, LLC, Formerly doing business as Cook-Patch Partn, Formerly doing business as Gobblers Nob RE, LLC, Formerly doing business as Table Rock Properties, LLC, Debtors. Arvest Bank, Plaintiff-Appellee v. Russell Lee Cook; Wanda Faye Cook; Russell Lee Cook, as Trustee of the Russell L. Cook Revocable Trust; Wanda Faye Cook, as Trustee of the Wanda F. Cook Revocable Trust, Defendants Empire Bank, Defendant-Appellant. Russell Lee Cook; Wanda Faye Cook, Cross Claimants-Appellees v. Empire Bank, Cross Defendant-Appellant.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided: January 9, 2014.


Attorney(s) appearing for the Case

Richard Lane Schnake , argued, Springfield, MO ( Richard Lane Schnake , on the brief), for appellant.

David Clay Britton, III , argued, Kansas City, MO (Britton, Dan Nelson , Springfield, MO, on the brief), for appellee.

Raymond Irwin Plaster , argued, Springfield, MO, for appellees.

Before SALADINO, NAIL and SHODEEN, Bankruptcy Judges.


SALADINO, Bankruptcy Judge.

Empire Bank appeals from a March 14, 2013, order and judgment of the bankruptcy court declaring that Arvest Bank's judicial lien is superior to the liens asserted by Empire Bank and directing judgment in favor of Debtors, Russell L. and Wanda F. Cook, on their preferential transfer claim against Empire Bank. We have jurisdiction over this appeal from the final order of the bankruptcy court.

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