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BALDWIN v. CREDIT BASED ASSET SERVICING AND SECUR.

No. 07-1084.

516 F.3d 734 (2008)

Alvin L. BALDWIN, Appellant, v. CREDIT BASED ASSET SERVICING AND SECURITIZATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 25, 2008.

Attorney(s) appearing for the Case

Steven K. Brown, argued, St. Louis, MO, for appellant.

Cynthia M. Woolverton, argued, St. Louis, MO, for appellee.

Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Alvin Leroy Baldwin, debtor, appeals the Bankruptcy Appellate Panel's denial of his motion to rescind the bankruptcy court's dismissal of his Chapter 13 case. Having jurisdiction under 28 U.S.C. § 158(d)(1), this court reverses and remands.

Since 1996, Baldwin has filed eight Chapter 13 bankruptcy cases, all of which were dismissed before confirmation of a plan. After four of the filings, in May 2002, Baldwin and the predecessor...

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