IN RE LADD

No. 05-1606.

450 F.3d 751 (2006)

In re: James W. LADD, doing business as Ladd Trucking; Sherri L. Ladd, doing business as Ladd Trucking, Debtors. James W. LADD; Sherri L. Ladd, Appellants, v. Charles W. Ries, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 5, 2006.


Attorney(s) appearing for the Case

Thomas Frank Miller, argued, Wayzata, MN, for appellant.

Renee C. Rubish, argued, Mankato, MN (Charles W. Ries of Mankato, MN on the brief), for appellee.

Before WOLLMAN, BEAM, and RILEY, Circuit Judges.


BEAM, Circuit Judge.

James and Sherri Ladd appeal from the Bankruptcy Appellate Panel (BAP) decision denying their motion to amend their asset schedules to claim their farm as exempt property under Minnesota law. Because we find that the doctrine of res judicata does not preclude such action, we reverse and remand to the bankruptcy court for further proceedings.

I. BACKGROUND

When the Ladds first...

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