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MATTER OF BOUCHER

No. 83-1904.

728 F.2d 1152 (1984)

In the Matter of George A. BOUCHER and Maxine E. Boucher, Debtors. Elmer G. CARLSON, Appellant, v. George A. BOUCHER and Maxine E. Boucher, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 7, 1984.

Rehearing Denied April 23, 1984.

Attorney(s) appearing for the Case

Duane L. Nelson, Lincoln, Neb., for appellant.

Michael C. Washburn, Erickson, Sederstrom, Leigh, Eisenstatt, Johnson, Kinnamon, Koukol & Fortune, P.C., Omaha, Neb., for appellees.

Before ROSS, ARNOLD and BOWMAN, Circuit Judges.

Rehearing En Banc Denied April 23, 1984.

ROSS, Circuit Judge.

Appellees George and Maxine Boucher filed a voluntary petition for relief under Chapter 7 of the United States Bankruptcy Code on May 3, 1982. At the time of filing, the Bouchers and Carlson were involved in two lawsuits in Nebraska District Court.1 The Bouchers did not list Carlson as a creditor on their schedules or give him notice of the filing. However, the Bouchers...

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