Legal Opinion

Bank of the West v. Damon Pursell Construction Co. (In re Damon Pursell Construction Co.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided May 6, 2013No. BAP No. 13-6015PublishedCited by 2 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

National Bank of Kansas City (“NBKC”) appeals from a grant of summary judgment by the bankruptcy court in favor of Bank of the West (“BOW”), rejecting NBKC’s requests for equitable relief, and ruling that BOW had a first priority lien on a piece of the debtor’s equipment and is entitled to proceeds from the sale of that equipment.1 We have jurisdiction over this appeal from the final judgment of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons set forth below, we affirm.

ISSUE

The issue in this appeal is whether the bankruptcy court properly granted…

2Cases cited24 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. City of Mt. Pleasant, Iowa v. Associated Electric Cooperative, Inc. Central Electric Power Cooperative Northeast Missouri Electric Power Cooperative Tri-County Electric Cooperative Association MacOn Electric Cooperative and Ralls County Electric Cooperative, City of Mt. Pleasant, Iowa v. Associated Electric Cooperative, Inc. Central Electric Power Cooperative Northeast Missouri Electric Power Cooperative Tri-County Electric Cooperative Association MacOn Electric Cooperative and Ralls County Electric CooperativeCourt of Appeals for the Eighth Circuit · 1988
  4. In Re: Broadview Lumber Co., Inc.Court of Appeals for the Eighth Circuit · 1997
  5. Northwest Airlines, Inc., a Minnesota Corporation v. Astraea Aviation Services, Inc., Doing Business as Dalfort Aviation, a Texas CorporationCourt of Appeals for the Eighth Circuit · 1997

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3Cited by2 opinions

  1. David H. ZimmerUnited States Bankruptcy Court, W.D. Pennsylvania · 2020
  2. Shane Michael MyersUnited States Bankruptcy Court, W.D. Kentucky · 2021

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