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IN RE KLESALEK

No. 03-6092ND.

307 B.R. 648 (2004)

In re William A. KLESALEK, Debtor. Robert Klesalek, successor personal representative of the Estate of Flora Klesalek, Plaintiff-Appellant, and Darrell Suchy; Connie Thompson, f/k/a Connie Suchy; and Richard Seeman, Intervenor Plaintiffs-Appellants, v. William A. Klesalek, doing business as Klesalek Excavating, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed April 14, 2004.

Attorney(s) appearing for the Case

David R. Bliss, Bismarck, North Dakota, Thomas M. Tuntland, Mandan, North Dakota, appeared on the brief, for appellant.

Damian J. Huettl, Bismarck, North Dakota, for appellee.

Before KRESSEL, Chief Judge, DREHER, and MAHONEY, Bankruptcy Judges.

DREHER, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court dismissing Appellants' adversary proceeding on the grounds that Appellants had not commenced an action in a court of competent jurisdiction within 120 days of the date of confirmation of Debtor's Chapter 13 Plan. For the reasons stated below, we reverse.

FACTS AND PROCEDURAL HISTORY

This case arises out of an interfamily dispute between Debtor, William Klesalek ("Debtor...

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