IN RE KLEIBRINK

No. 07-11190.

621 F.3d 370 (2010)

In the Matter of: Ricky KLEIBRINK, Debtor. Ricky Kleibrink, Appellant, v. Ellen Kleibrink; Mid State Trust VII, Appellees.

United States Court of Appeals, Fifth Circuit.

September 21, 2010.


Attorney(s) appearing for the Case

Gerrit M. Pronske (argued), Pronske & Patel, P.C., Dallas, TX, for Appellee.

Molly Washburn Bartholow (argued), Bartholow & Bartholow, Dallas, TX, for Appellant.

Before DAVIS, STEWART and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

In this bankruptcy appeal, debtor Ricky Kleibrink challenges the district court's affirmance of the bankruptcy court's ruling that creditor Mid State Trust VII holds an enforceable security interest in a property of his, despite his having received a discharge in an earlier bankruptcy proceeding. The debtor filed the instant bankruptcy proceeding in order to avoid the creditor's attempt to foreclose on the property. The bankruptcy court ruled...

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