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IN RE KERR

Nos. 88-2348, 89-1611.

908 F.2d 400 (1990)

In re Charles Alexander KERR, Debtor. FIRST NATIONAL BANK OF SIOUX CITY; Nancy Kerr; United States of America acting through Commodity Credit, Appellees, v. Charles Alexander KERR, Appellants. In re CHANCE LAND & INVESTMENT COMPANY, INC., Debtor. CHANCE LAND & INVESTMENT COMPANY, INC., Appellant, v. FIRST NATIONAL BANK IN SIOUX CITY; Nancy Kerr, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 17, 1990.

Attorney(s) appearing for the Case

John Harmelink, Yankton, S.D., for appellant.

Donald H. Molstad, Sioux City, Iowa, for appellee Nancy Kerr.

George F. Madsen, Sioux City, Iowa, for appellee First Nat. Bank of Sioux City.

Before WOLLMAN, Circuit Judge; HEANEY, Senior Circuit Judge; and WEBB, District Judge.

HEANEY, Senior Circuit Judge.

Chance Land & Investment Company and its principal owner, Charles Kerr, appeal the judgment of the district court affirming the dismissals of their separate Chapter 11 bankruptcy petitions. The bankruptcy court concluded that each had shown bad faith and that neither could present a workable plan of reorganization. The bankruptcy court prohibited refiling for 180 days. The debtors' appeals have been consolidated. Both argue that they...

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