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IN RE KOHL

No. 95-3419.

95 F.3d 713 (1996)

In re Susan M. KOHL, as surety for Wilson Tanner Corporation, Debtor, Kenneth E. KEATE; Keate Law Office, P.A., attorneys for Susan M. Kohl, as surety for Wilson Tanner Corporation, debtor, Appellants, v. Thomas F. MILLER, Trustee for the Bankruptcy Estate of Susan M. Kohl, as surety for Wilson Tanner Corporation; Barbara G. Stuart, U.S. Trustee, U.S. Trustee, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 12, 1996.

Attorney(s) appearing for the Case

Kenneth E. Keate, St. Paul, MN, argued, for appellants.

Thomas Frank Miller, Minneapolis, MN, argued (Yolanda L. Davis, on the brief), for appellees.

Before LOKEN, ROSS and HANSEN, Circuit Judges.

ROSS, Circuit Judge.

Susan M. Kohl (Debtor) initially filed a voluntary Chapter 7 proceeding on September 3, 1992. Debtor retained Kenneth Keate and the Keate Law Office (Keate) as her attorney and paid Keate a $500.00 retainer. At the time Debtor filed her petition, mortgage foreclosure sales on her home were pending. A foreclosure sale was scheduled on her first mortgage for September 4, 1992, and on her second mortgage sometime after that. Additionally, Debtor...

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