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IN RE VIERKANT

BAP No. 99-6049MN.

240 B.R. 317 (1999)

In re Kevin Lynn VIERKANT; Darlene Lisa Vierkant, Debtors. Dale Alan LaBarge, Plaintiff-Appellee, v. Kevin Lynn Vierkant; Darlene Lisa Vierkant, Defendants-Appellants.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided November 2, 1999.

Attorney(s) appearing for the Case

Don B. Fuller, Minneapolis, MN, for appellant.

Arlo H. VandeVegte, Long Lake, MN, for appellee.

Before KOGER, Chief Judge, WILLIAM A. HILL and SCHERMER, Bankruptcy Judges.

Background Facts

KOGER, Chief Judge.

On September 9, 1998, Kevin and Darlene Vierkant filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. At the time the Vierkants filed their bankruptcy petition, a lawsuit filed by Dale LaBarge alleging retaliatory discharge for filing a workers' compensation claim was pending against them and their corporation, KLV, Incorporated, in Minnesota state court. The Vierkants never filed an answer...

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