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Judge Timothy J. Mahoney (Retired)

Farmers State Bank of Superior, Nebraska v. Raymond E. & Barbara B. Norris (In re Norris), BK84-2287, A85-208, Ch. 11

Debtor used cash collateral to pay IRS. Creditor bank sued IRS to recover the funds. The court dismissed the case for lack of standing, ruling that it really was a § 549(a) action to avoid post-petition transfer, which can be brought only by a trustee or

Fortress Systems, LLC v. UneMed Corp., et al. (In re Fortress Systems, LLC), Ch. 11, BK03-81735, A04-8043 (Aug. 16, 2004)

Abstention under 28 U.S.C. section 1334(c) was appropriate. This is not a core proceeding, the sole issue in the lawsuit is one of interpretation of a state statute, and the case could not have been brought in federal court but for this bankruptcy case.

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