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IN RE VAN DER HEIDE

No. 98-2201.

164 F.3d 1183 (1999)

In re Gerard Robert VAN DER HEIDE, Debtor. Gerard Robert VAN DER HEIDE, Appellant, v. John V. LaBARGE, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1999.

Rehearing Denied March 8, 1999.

Attorney(s) appearing for the Case

T. J. Mullin, St. Louis, Missouri, argued (Norman W. Pressman, St. Louis, Missouri, on the brief), for Appellant.

Diana Spuhl Daugherty, St. Louis, Missouri, argued, for Appellee.

Before FAGG, HEANEY, and WOLLMAN, Circuit Judges.

HEANEY, Circuit Judge.

The bankruptcy court denied confirmation of Gerard Robert Van Der Heide's Chapter 13 plan on the grounds that it did not satisfy the "best interests of creditors" test and the bankruptcy appellate panel affirmed. Because both the bankruptcy court and appellate panel misconstrued our holding in Garner v. Strauss (In re Garner), 952 F.2d 232 (8th Cir.1991...

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