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IN RE ANDERSON

No. 03-6087MN.

305 B.R. 861 (2004)

In re Donald A. ANDERSON, as surety for Andair Farms, also known as Anderson Farms; Joyce D. Anderson, Debtors. JaKS Farm Custom Forage Harvesting, L.L.C., Creditor-Appellant, v. Donald A. Anderson and Joyce D. Anderson, Debtor-Appellees.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed March 16, 2004.

Attorney(s) appearing for the Case

Matthew L. Benda of Albert Lea, Minnesota, for appellant.

Kurt Michael Anderson of Minneapolis, Minnesota, for appellee.

Before FEDERMAN, MAHONEY, and VENTERS, Bankruptcy Judges.

FEDERMAN, Bankruptcy Judge.

JaKS Farm Custom Forage Harvesting, L.L.C. (JaKS) appeals from an order of the bankruptcy court confirming debtors Donald and Joyce Anderson's Chapter 12 plan, and from an order of the court denying its motion for a new trial. We reverse the order confirming the Chapter 12 plan and remand for further proceedings.

FACTUAL BACKGROUND

The Andersons owned 220 acres of farm real estate in Carlton County, Minnesota. They also...

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