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IN RE BURIVAL

No. 09-2483.

613 F.3d 810 (2010)

In re Richard BURIVAL, also known as Burival Brothers, A Partnership, Phillip Burival, also known as B & B Farms, also known as Burival Farms; Gary M. Burival, also known as B & B Farms, also known as Burival Farms; Joyce A. Burival, also known as B & B Farms, also known as Burival Farms, Debtors. Richard Burival, also known as Burival Brothers, A Partnership; Phillip Burival, also known as Burival Brother, A Partnership; Gary M. Burival, also known as B & B Farms, also known as Burival Farms; Joyce A. Burival, also known as B & B Farms, also known as Burival Farms, Appellants, v. Loretta Roehrich, Conservator of the Estate of Rosie Pritchett, a protected person, Appellee. Loretta Roehrich, Conservator of the Estate of Rosie Pritchett, a protected person, Appellee, v. Richard Burival, also known as Burival Brothers; Phillip Burival, also known as Burival Brothers, A Partnership; Gary M. Burival, also known as B & B Farms, also known as Burival Farms; Joyce A. Burival, also known as B & B Farms, also known as Burival Farms, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 23, 2010.

Attorney(s) appearing for the Case

William L. Needler, argued, Ogallala, NE, for appellant.

Alan E. Pederson, argued, Richard D. Myers, on the brief, Omaha, NE, for appellee.

Before SMITH, BENTON, and SHEPHERD, Circuit Judges.

BENTON, Circuit Judge.

On March 23, 2007, Burival Brothers— which includes four individuals (Richard Burival, Phillip Burival, Gary M. Burival, and Joyce A. Burival) and three partnerships (B & B Farms, Burival Brothers, and Burival Farms)—leased crop land for three years from Rosie Pritchett. The lease required two payments, $75,329.78 on April 1 and $90,799.22 on December 1. Burival Brothers filed Chapter 11 bankruptcy on November 29, 2007—...

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