IN RE MIDKIFF

No. 02-8004.

342 F.3d 1194 (2003)

In re: David Ogle Midkiff and Anita Joyce Midkiff, Debtors. David Ogle Midkiff and Anita Joyce Midkiff, Appellants, v. Mark R. Stewart, Chapter 13 Trustee, Appellee.

United States Court of Appeals, Tenth Circuit.

September 4, 2003.


Attorney(s) appearing for the Case

Georg Jensen, Esq., Cheyenne, WY, for Appellants.

James R. Belcher, Holland and Hart, LLP, Cheyenne, WY, for Appellee.

Before HENRY, HOLLOWAY, and MURPHY, Circuit Judges.


HENRY, Circuit Judge.

In this case, we face the familiar choice between finality and accuracy. We choose accuracy, and we therefore hold that Rule 9024 of the Federal Rules of Bankruptcy Procedure may be used to provide relief from a bankruptcy discharge order. Exercising jurisdiction under 28 U.S.C. § 158(d), we thus AFFIRM the decisions of the Bankruptcy Court and of the Bankruptcy Appellate Panel vacating a discharge order and allowing a trustee to collect...

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