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Judge Timothy J. Mahoney (Retired)

Dana D. & Elizabeth D. Cox v. Beneficial Nebraska, Inc. & Green Tree Servicing (In re Cox), Ch. 13, BK05-82162, A06-8029

There was insufficient equity in debtors' residential property to secure any part of the third lien on the property. Pursuant to Nobelman v. American Savings Bank & In re Sanders, the lienholder's rights may be modified by the debtors' Chapter 13 plan.

First Financial Group, Inc. v. Amoco Life Insurance Co. (In re First Financial Group, Inc.), A90-8009, BK89-81490, Ch. 11

Debtor sold insurance policies for Amoco. Some policies were cancelled & those premiums refunded. Parties' agreement didn't require debtor to pay back commissions earned on refunded premiums. Also, Amoco had no cause to terminate the parties' contract

Farmers State Bank of Superior, Nebr. v. Raymond & Barbara Norris (In re Norris), Ch. 11, BK84-2287, A85-208, -209, -210

Sovereign immunity protected the United States and the State of Kansas from the plaintiff's complaint for conversion, and neither party had waived immunity under § 505 or § 106, so the bankruptcy court lacked subject matter jurisdiction over them

Farnam Associates Ltd. Partnership v. Andersen Construction Co., et al. (In re Farnam Associates Ltd. Partnership), A91-8119, BK91-80845, Ch. 11

The parties had two separate contracts. The construction liens filed under the second contract were subject in priority to previously filed deeds of trust. There is no evidence to support equitable subordination in favor of the construction liens

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