STILLMUNKES v. HY-VEE EMPLOYEE BEN. PLAN AND TRUST

Nos. 96-4151, 97-1537.

127 F.3d 767 (1997)

Brian J. STILLMUNKES, Debtor — Appellant/Cross-Appellee, Reine S. Stillmunkes, Debtor-Appellant/Cross-Appellee, v. HY-VEE EMPLOYEE BENEFIT PLAN AND TRUST, Creditor-Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 20, 1997.


Attorney(s) appearing for the Case

Amanda Potterfield, Cedar Rapids, IA, argued (Joseph C. Johnston, Iowa City, IA, on the brief), for Debtors-Appellants/Cross-Appellees.

August B. Landis, Des Moines, IA, argued (Thomas H. Burke, Des Moines, IA, on the brief), for Creditor-Appellee/Cross-Appellant.

Before LOKEN, REAVLEY and JOHN R. GIBSON, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Reine and Brian Stillmunkes appeal from an order of the district court2 affirming an order of the bankruptcy court3 that refused to reduce the claim of the Hy-Vee Employee Benefit Plan and Trust in the Stillmunkeses' Chapter 7 bankruptcy to require Hy-Vee to pay its share of certain attorneys' fees and expenses as required by Iowa law...

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