United States Bankruptcy Appellate Panel for the Eighth Circuit March 9, 2007, BAP No. 06-6062 NE (Bellamy's Inc. v. Genoa National Bank (In re Borden))

KRESSEL, Chief Judge,

dissenting.

The majority has done an admirable job of reviewing the split of authority on the issue presented here, none of which admittedly is binding, and picking the line of cases which it feels provides the fair result for this case. I concede that the result reached is appealing.