IN RE ARMSTRONG

BAP No. UT-03-015. Bankruptcy No. 02-29051.

303 B.R. 213 (2004)

In re Donald E. ARMSTRONG, Debtor. Donald E. Armstrong, Appellant, v. Kenneth A. Rushton, Trustee, and Steppes Apartments, Ltd., Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

January 7, 2004.


Attorney(s) appearing for the Case

Donald E. Armstrong, pro se.

Lon Jenkins, LeBoeuf, Lamb, Greene & MacRae, L.L.P. (Mark W. Dykes with him on the brief), for Appellee Kenneth A. Rushton, Trustee.

Before McFEELEY, Chief Judge, NUGENT, and McNIFF, Bankruptcy Judges.


OPINION

NUGENT, Bankruptcy Judge.

Appellant Donald E. Armstrong ("Appellant") appeals from an order of the United States Bankruptcy Court for the District of Utah dismissing his Chapter 13 case for cause on the motion of Appellees Kenneth A. Rushton and Steppes Apartments, Ltd. ("Appellees")1 pursuant to 11 U.S.C. § 1307(c).2 Appellant asserts that the Appellees are not creditors in his bankruptcy...

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