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IN RE LARSEN

No. 94-2820.

59 F.3d 783 (1995)

In re Charles D. LARSEN, Jeraine Larsen, Debtors. Barbara G. STUART, U.S. Trustee, Appellant, v. David O. CARTER, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1995.

Attorney(s) appearing for the Case

Charles L. Nail, Jr., Sioux Falls, SD, argued (Wesley B. Huisinga as U.S. Trustee, Sioux Falls, SD and Martha L. Davis, Gen. Counsel and Paul W. Bridenhagen, Atty. Advisor, Washington, DC, on the brief), for appellant.

David Carter, Sioux Falls, SD, argued, for appellee.

Before FAGG, MAGILL, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

The novel issue of statutory construction before us is whether unpaid attorney's fees from a debtor's prior unsuccessful bankruptcy reorganization proceedings are "claims of the kind specified in" § 507(a)(1) of the Bankruptcy Code, 11 U.S.C. § 507(a)(1),1 and are therefore entitled to first priority in distributing the debtor's subsequent Chapter 7 estate pursuant to § 726(b) of the Code. The bankruptcy...

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