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In re: Kleibrink, No. 07-11190

By FindLaw Staff on September 30, 2010 1:21 PM

In In re: Kleibrink, No. 07-11190, a debtor's appeal from a district court's affirmance of a bankruptcy court's ruling that a creditor held an enforceable security interest in a property of his, despite his having received a discharge in an earlier bankruptcy proceeding, the court affirmed the order where the notice given to the creditor did not satisfy the due process standard for notice set forth in Mullane.

As the court wrote:  "In this bankruptcy appeal, debtor Ricky Kleibrink challenges the district court's affirmance of the bankruptcy court's ruling that creditor Mid State Trust VII holds an enforceable security interest in a property of his, despite his having received a discharge in an earlier bankruptcy proceeding."

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