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IN RE BREN

BAP No. 03-6035MN.

303 B.R. 610 (2004)

In re Bruce Peter BREN and Barbara A. Bren, as surety for Bruce Bren Homes, Inc., Debtors. Michael F. Jordan, Plaintiff-Appellant. v. Bruce Peter Bren and Barbara A. Bren, as surety for Bruce Bren Homes, Inc., Defendants-Appellees.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: February 2, 2004.

Attorney(s) appearing for the Case

Thomas Frank Miller, Minneapolis, MN, for plaintiff-appellant.

Jan D. Stuurmans, Minneapolis, MN, for defendants-appellees.

Before FEDERMAN, MAHONEY, and VENTERS, Bankruptcy Judges.

MAHONEY, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court filed June 19, 2003, overruling the plaintiff-appellant's objection to discharge. For the reasons stated below, we reverse and remand to the bankruptcy court for entry of judgment denying a discharge to both debtors/defendants.

Factual and Procedural Background

The debtors owned Bruce Bren Homes, Inc., a Minnesota company in the business of building luxury homes...

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