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IN RE ENGLUND

No. 08-6049.

401 B.R. 377 (2009)

In re Larry Gene ENGLUND and Marianne Englund, Debtors. Larry Gene Englund and Marianne Englund, Debtors-Appellants, v. SBS Financial Services, Inc., Creditor-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: February 19, 2009.

Attorney(s) appearing for the Case

Patrick T. Dougherty, Sioux Falls, SD, for appellant.

Before MAHONEY, SCHERMER, and VENTERS, Bankruptcy Judges.

PER CURIAM.

This an appeal of the bankruptcy court's order denying the Debtors' motion for contempt against creditor SBS Financial Services, Inc. for alleged violations of the discharge injunction. The motion was denied on purely procedural grounds; the bankruptcy court concluded that the Debtors were required to file an adversary proceeding under Federal Rule of Bankruptcy Procedure 7001—instead of a motion—because they sought to recover monetary damages...

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