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IN RE SCHMIDT

BAP Nos. 11-6028, 11-6029, 11-6030.

453 B.R. 346 (2011)

In re Dale F. SCHMIDT; Terri E. Schmidt, Debtors. Dale F. Schmidt; Schmidt Electric Service, Inc., Plaintiffs-Appellees v. Klein Bank, Defendant-Appellant. In re Douglas W. Schmidt; Kelly A. Schmidt, Debtors. Douglas W. Schmidt; Schmidt Development Corporation; Schmidt Builders of Buffalo, Inc.; Schmidt Land Co.; David L. Schmidt; F.H. Schmidt, Inc.; Plaintiffs-Appellees v. Klein Bank, Defendant-Appellant. In re David L. Schmidt; Dawn M. Schmidt, Debtors. F.H. Schmidt, Inc., David L. Schmidt, Douglas W. Schmidt, Schmidt Land Co., Inc., and Schmidt Development Corporation, Plaintiffs-Appellees v. KleinBank, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: August 3, 2011.

Attorney(s) appearing for the Case

Bradley Allen Kletscher, Tammy J. Schemmel, Minneapolis, MN, for appellant.

Ronan R. Blaschko, West St. Paul, MN, for appellee.

Before FEDERMAN, VENTERS and SALADINO, Bankruptcy Judges.

FEDERMAN, Bankruptcy Judge.

Klein Bank appeals from the Orders of the Bankruptcy Court denying its motions to remand its replevin actions which had been removed from the state court to the bankruptcy court. In denying the motions, the Bankruptcy Court concluded that the replevin actions are core proceedings. While this appeal was pending, the United States Supreme Court clarified that core proceedings are limited to those...

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