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IN RE BERG

BAP No. WY-09-047. Bankruptcy No. 08-20184. Adversary No. 08-02020.

423 B.R. 671 (2010)

In re Daren Scott BERG, Debtor. Torrington Livestock Cattle Company, Plaintiff Counter-Defendant-Appellee, v. Daren Scott Berg, Defendant-Counter-Claimant-Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

February 16, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:* Frank J. Jones, Wheatland, Wyoming, for Plaintiff-Counter-Defendant-Appellee.

Paul Hunter, Cheyenne, Wyoming, for Defendant-Counter-Claimant-Appellant.

Before RASURE, KARLIN, and ROMERO, Bankruptcy Judges.

OPINION

RASURE, Bankruptcy Judge.

Appellant Daren Scott Berg ("Berg"), an individual Chapter 11 debtor, appeals the bankruptcy court's judgment denying his discharge under 11 U.S.C. § 727(a)(3).1 Because a Chapter 11 debtor's discharge is governed by § 1141(d), and the bankruptcy court failed to make findings on two of the three elements required to deny Berg's discharge under § 1141(d)(3), we REVERSE the judgment...

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