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IN RE BURG

BAP No. CC 88-1534 MoVJ, Bankruptcy No. LA 85-15918-BR, Adv. No. LA 87-0143-BR.

103 B.R. 222 (1989)

In re Bart J. BURG, Debtor(s). Curtis B. DANNING, Chapter 7 Trustee, Appellant, v. Eleanor J. BURG, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 11, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Sumpter, Danning, Gill, Gould, Diamond & Spector, Los Angeles, Cal., for appellant.

Evan L. Ginsburg, Fullerton, Cal., for appellee.

Before MOOREMAN, VOLINN and JONES, Bankruptcy Judges.

SUPPLEMENTAL OPINION

MOOREMAN, Bankruptcy Judge:

By this appeal, the Trustee/Appellant seeks to set aside the Bankruptcy Court's Judgment in the underlying adversary proceeding in which the Trustee sought to avoid and recover a "50% partnership interest" in certain real property.

FACTS

The undisputed facts are essentially as follows. In 1948, Eleanor J. Burg ("Ms. Burg"), and Bart J. Burg ("debtor...

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