United States Eighth Circuit

In appeals from bankruptcy proceedings, 1) a creditor's construction lien was subordinate to deeds of trust filed by a lender under Nebraska law, where the lender had no knowledge of the lien when it advanced funds to the debtor, 2) superstructure needed to support cooling system was a fixture, and 3) unpaid sewer and water bills owed to city should be treated as liens.

Appellate Information

• Decided 05/30/2002
• Published 05/30/2002

Judges

• RILEY, Circuit Judge., Before McMILLIAN and RILEY, Circuit Judges, and KORNMANN, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John D. Marshall, Jr., argued, Atlanta, GA (Steven C. Turner, Omaha, NE, Thomas L. Cohen, Atlanta, GA, on the brief), for Appellant DAPEC, Nos. 01-2026/2028/2029., David J. Koukol, argued, (Bruce Dalluge, Tecumseh, NE, on the brief), for Appellant City of Tecumseh, No. 01-2480.


• For Appellees:
  
• Emmett D. Childers, argued, Omaha, NE, for Appellee The Money Store, Nos. 01-2026,2028/2029., Stephen M. Cramer, AUSA, argued, Omaha, NE, for Appellee Small Business Administration., John D. Marshall, argued (Steven C. Turner, Thomas L. Choen, on the brief), for Appellee DAPEC, No. 01-2480.