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IN RE KNAUS

No. 89-1722.

889 F.2d 773 (1989)

In re John Rothwell KNAUS, Debtor. John Rothwell KNAUS, Appellant, v. CONCORDIA LUMBER COMPANY, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 13, 1989.

Attorney(s) appearing for the Case

Stephen B. Strayer, Liberty, Mo., for appellant.

James W. Henry, Kansas City, Mo., for appellee.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

LAY, Chief Judge.

John Rothwell Knaus purchased certain merchandise from the Concordia Lumber Co. on credit. Upon nonpayment the lumber company obtained a judgment in a Missouri state court and thereafter filed a writ of execution under which the sheriff seized grain and equipment belonging to Knaus. While the property was in the possession of the sheriff before the sale, Knaus filed for bankruptcy under Chapter 11 of the bankruptcy code. Knaus's attorney demanded...

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