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IN RE KIRWAN

Nos. 98-1630, 98-1633.

164 F.3d 1175 (1999)

In re: James T. KIRWAN, also known as Jim Kirwan; Shirley M. Kirwan, Debtors. James T. Kirwan, also known as Jim Kirwan; Shirley M. Kirwan, Debtors-Appellants, v. Harry Vanderwerf; Betty Vanderwerf; David Vanderwerf, Creditors-Appellees. In re: William P. Kirwan, Debtor. William P. Kirwan, Debtor-Appellant, v. Harry Vanderwerf; Betty Vanderwerf; David Vanderwerf, Creditors-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 19, 1999.

Attorney(s) appearing for the Case

John E. Harmelink, Yankton, SD, argued, for appellant.

Rick Johnson, Gregory, SD, argued, for appellee.

Before MURPHY, JOHN R. GIBSON, and MAGILL, Circuit Judges.

MURPHY, Circuit Judge.

James, Shirley, and William Kirwan filed Chapter 12 bankruptcy petitions under 11 U.S.C. § 1201 et seq., and Harry, Betty, and David Vanderwerf filed claims in both bankruptcy cases, as well as motions to lift the automatic stay to permit them to proceed with litigation on a fraud claim against the Kirwans. The bankruptcy court1 granted the Vanderwerfs relief from the automatic stay some time after it...

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