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IN RE EVERLY

No. 05-6049SI.

346 B.R. 791 (2006)

In re James Leslie EVERLY, Debtor. James Leslie Everly, Debtor — Appellant, v. 4745 Second Avenue, Ltd., Creditor — Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: August 2, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Mr. Michael L. Jankins of Des Moines, Iowa.

Counsel who presented argument on behalf of the appellee was Mr. Robert A. Nading of Ankeny, Iowa.

Before KRESSEL, Chief Judge, MAHONEY and McDONALD Bankruptcy Judges.

KRESSEL, Chief Judge.

This case has its origins in arson and burglary at a strip club called Big Earl's Goldmine. The debtor pled guilty to burglary and was ordered to pay $62,400.00 in restitution to Big Earl's. The principle issue in this appeal is whether the bankruptcy court1 abused its discretion when it denied the debtor's motion for sanctions against the owners of the strip club for violating the discharge injunction when it brought...

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