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IN RE MILLER

No. 05-3651.

454 F.3d 899 (2006)

In re: Jeffrey L. MILLER, Debtor. Jeffrey L. Miller, Plaintiff-Appellee, v. NLVK, LLC, a Nevada limited liability company, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 21, 2006.

Attorney(s) appearing for the Case

Bob L. Olson, Las Vegas, NV (David G. Hicks, Omaha, NE, on the brief), for appellant.

Dana C. Bradford, Omaha, NE (Justin D. Eichmann, on the brief), for appellee.

Before MURPHY, MELLOY, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

At a foreclosure sale, NLVK, LLC ("NLVK") purchased a property that had been owned by Jeffrey Miller. Unbeknownst to NLVK, Miller had declared bankruptcy prior to the sale. The district court granted Miller's request to set aside the property transfer. We reverse and remand.

I.

Miller purchased real property in Las Vegas, Nevada, on September 20, 2001. He took out a secured mortgage for $495,150 with the New Freedom Mortgage...

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