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MYERS v. CHRISTENSEN

No. S-08-1212.

776 N.W.2d 201 (2009)

278 Neb. 989

Richard D. MYERS, Trustee of the Floors & More, Inc., chapter 7 bankruptcy estate, appellee, v. Jeff CHRISTENSEN et al., appellees, and Charter West National Bank, garnishee-appellant.

Supreme Court of Nebraska.

December 4, 2009.

Attorney(s) appearing for the Case

Jeffrey A. Silver for garnishee-appellant.

Brett S. Charles, of McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O., for appellee Richard D. Myers.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

This is an appeal from an order finding Charter West National Bank (Charter West), as garnishee, liable to judgment creditor Richard D. Myers, trustee of the Floors & More, Inc., bankruptcy estate. Charter West contends that the district court failed to consider its properly perfected security interest in the judgment debtor's bank deposit accounts when determining liability.

FACTS

The facts are largely undisputed and arise primarily...

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