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IN RE PIERCE

No. 05-1095.

435 F.3d 891 (2006)

In re: Donald Lynn PIERCE, Jr., Debtor. Myron Roberts, Appellant, v. Donald Lynn Pierce, Jr., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 25, 2006.

Attorney(s) appearing for the Case

John Ogles, Jacksonville, AR, for appellant.

Andrew L. Clark, Little Rock, AR, for appellee.

Before LOKEN, Chief Judge, WOLLMAN and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Myron Roberts (Roberts) filed a proof of claim in the voluntary Chapter 13 bankruptcy proceeding of Donald Lynn Pierce, Jr. (Pierce). Pierce objected to Roberts's proof of claim. Pierce's counsel served a "negative notice" on Roberts by attaching to the objection a document entitled "Notice of Opportunity to Respond and Request a Hearing," which advised Roberts that if Roberts did not respond and request a hearing within thirty days, the bankruptcy...

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