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IN RE JENKINS

No. 09-6064.

428 B.R. 845 (2010)

In re James Terry Clifton JENKINS, II, also known as James T. Jenkins, also known as J. Clifton Jenkins, doing business as Cannongate Construction, also known as James C. Jenkins, also known as Clif Jenkins, Debtor. Mark T. McCarty, Trustee-Appellant, v. James Terry Clifton Jenkins, II, Debtor-Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: April 26, 2010.

Attorney(s) appearing for the Case

Kimberley F. Woodyard, North Little Rock, AR, for appellant.

John Alexander Flynn, Cabot, AR, for appellee.

Before SCHERMER, MAHONEY and SALADINO, Bankruptcy Judges.

SCHERMER, Bankruptcy Judge.

Mark T. McCarty, Chapter 13 trustee, (the "Trustee") appeals from the Order denying the Trustee's Motion to Dismiss the Chapter 13 bankruptcy case of James Terry Clifton Jenkins, II (the "Debtor"). The Trustee claimed that the Debtor was in material default under the terms of his Chapter 13 plan because the plan would not be complete within its sixty month term. The bankruptcy court1 determined that the Debtor...

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