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IN RE SWACKHAMMER

No. 22-6006.

650 B.R. 914 (2023)

IN RE: Steven L. SWACKHAMMER, doing business as Swackhammer Farms, doing business as Swackhammer, Inc.; Michele M. Swackhammer, Debtors. Farm Credit Services of America, PCA, Creditor-Appellant v. Steven L. Swackhammer; Michele M. Swackhammer, Debtors-Appellees. Carol Dunbar, Trustee-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: May 23, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Johannes H. Moorlach, of Des Moines, IA. The following attorney(s) appeared on the appellant brief; Thomas H. Burke , of Des Moines, IA., Johannes H. Moorlach , of Des Moines, IA., Peter J. Chalik , of Des Moines, IA.

Counsel who presented argument on behalf of the appellee was Robert Cardell Gainer, of West Des Moines, IA. The following attorney(s) appeared on the appellee brief; Robert Cardell Gainer , of West Des Moines, IA.

Before DOW, Chief Judge, SURRATT-STATES and NORTON, Bankruptcy Judges.

After the bankruptcy court allowed chapter 12 debtors — several years in a row — to modify their confirmed plan over the objection of their primary secured creditor, that creditor appealed. The issues before us are whether the bankruptcy court abused its discretion by confirming the debtors' fourth modified...

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