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ADVANCED CONTROL SOLUTIONS, INC. v. JUSTICE

No. 10-3168.

639 F.3d 838 (2011)

ADVANCED CONTROL SOLUTIONS, INC., Appellant, v. Orin Bret JUSTICE, Appellee, Joyce Bradley Babin; William M. Clark, Jr., Trustees.

United States Court of Appeals, Eighth Circuit.

Filed: May 17, 2011.

Attorney(s) appearing for the Case

Todd Patrick Lewis , argued, Fayetteville, AR, for appellant.

Forrest L. Stolzer , argued, Springdale, AR, for appellee.

Before RILEY, Chief Judge, MELLOY and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Chapter 13 of the Bankruptcy Code permits an individual to discharge his debts if he "pays his creditors a portion of his monthly income in accordance with a court-approved plan." Ransom v. FIA Card Servs., N.A., ___ U.S. ___, 131 S.Ct. 716, 721, 178 L.Ed.2d 603 (2011). By contrast, Chapter 7 of the Bankruptcy Code permits an individual to discharge his debts "following the liquidation of [his] assets...

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