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Judge Timothy J. Mahoney (Retired)

Leland V. Carlson v. Richard E. Carlson (In re Richard E. Carlson), Ch. 7, BK04-41534-TJM, A05-4039-TJM (Sept. 13, 2006)

The court granted debtor's request to reopen the adversary and vacate a $300,000 judgment entered against him as sanctions for failing to respond to discovery. The judgment was unwarranted, as debtor had in fact responded to the best of his ability.

James Killips, Chapter 11 Trustee v. Robert Schropp, RCS & Sons, Inc., & Leo Dahlke (In re Prime Realty, Inc.), Ch. 11, BK02-80785, A04-8074, -8075 (June 14, 2007)

Published at 376 B.R. 274. The trustee could not establish each of the necessary elements of a preference under § 547 or a fraudulent transfer under § 548, so the monetary transfers made to insiders within one year of the petition date were not avoidable.

Leland & Jeanette Schlote, Ch. 12, BK93-81699 (Jan. 18, 1995)

Published at 177 B.R. 315. Farm input provider had a security interest in crops growing at the time its fertilizer and chemical lien expired. The phrase "produced within one year" in the Nebraska fertilizer lien statute means the lien applies to crops growing within one year of the lien's perfection, and not simply to crops that had been harvested within that period.

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