IN RE ADAMS

BAP Nos. WY-06-057, WY-06-080. Bankruptcy No. 05-22912.

373 B.R. 116 (2007)

In re Edwin Andrew ADAMS, also known as Andy Adams, and Lynda Faye Adams, Debtors. Christine Ann Kanke, Administrator of the Estate of Mark Anthony Schanbacher, Appellant, v. Edwin Andrew Adams and Lynda Faye Adams, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

August 3, 2007.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Stephen R. Winship, Winship & Winship, P.C., Casper, WY, for Appellant.

Phillip T. Willoughby, Casper, WY, for Appellees.

Before BOHANON, CORNISH, and MICHAEL, Bankruptcy Judges.


BOHANON, Bankruptcy Judge.

For the reasons explained below, we reverse the bankruptcy court's order confirming the Debtors-Appellees' Chapter 13 plan and remand to the bankruptcy court for further proceedings in accordance with this opinion.

I. Background

In 2002, Debtor Lynda Adams was appointed by a Wyoming state court as the personal representative for the probate estate of Mark Schanbacher ("Probate Estate"). She was later removed as personal...

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